Bill Text: FL S0938 | 2024 | Regular Session | Enrolled
Bill Title: Dentistry
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-05-30 - Chapter No. 2024-211 [S0938 Detail]
Download: Florida-2024-S0938-Enrolled.html
ENROLLED
2024 Legislature SB 938
2024938er
1
2 An act relating to dentistry; amending s. 466.006,
3 F.S.; deleting the role of the Board of Dentistry in
4 the administration of the licensure examination for
5 dentists; deleting the requirement for the board to
6 establish an examination fee; revising requirements
7 for licensure as a dentist; deleting a time limitation
8 on the validity of certain licensure examination
9 results; conforming provisions to changes made by the
10 act; deleting a requirement that certain applicants
11 for licensure engage in the full-time practice of
12 dentistry inside the geographic boundaries of this
13 state for 1 year after licensure; deleting provisions
14 related to compliance with and enforcement of such
15 requirement; amending s. 466.009, F.S.; conforming a
16 provision to changes made by the act; deleting a
17 board-imposed reexamination fee; amending s. 466.0135,
18 F.S.; revising continuing education requirements for
19 dentists; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Paragraph (b) of subsection (1), subsection (2),
24 paragraph (b) of subsection (4), and subsections (5) and (6) of
25 section 466.006, Florida Statutes, are amended to read:
26 466.006 Examination of dentists.—
27 (1)
28 (b) Any person desiring to be licensed as a dentist must
29 shall apply to the department to take the licensure examinations
30 and shall verify the information required on the application by
31 oath. The application shall include two recent photographs.
32 There is shall be an application fee set by the board which may
33 not to exceed $100 and is which shall be nonrefundable. There
34 shall also be an examination fee set by the board, which shall
35 not exceed $425 plus the actual per applicant cost to the
36 department for purchase of some or all of the examination from
37 the American Board of Dental Examiners or its successor entity,
38 if any, provided the board finds the successor entity’s clinical
39 examination complies with the provisions of this section. The
40 examination fee may be refundable if the applicant is found
41 ineligible to take the examinations.
42 (2) The department shall license an applicant who the board
43 certifies meets all of the following criteria shall be entitled
44 to take the examinations required in this section to practice
45 dentistry in this state if the applicant:
46 (a) Is 18 years of age or older.
47 (b)1. Is a graduate of a dental school accredited by the
48 American Dental Association Commission on Dental Accreditation
49 or its successor entity, if any, or any other dental accrediting
50 entity recognized by the United States Department of Education;
51 or
52 2. Is a dental student in the final year of a program at
53 such an accredited dental school who has completed all the
54 coursework necessary to prepare the student to perform the
55 clinical and diagnostic procedures required to pass the
56 licensure examinations. With respect to a dental student in the
57 final year of a program at a dental school, a passing score on
58 the examinations is valid for 365 days after the date the
59 examinations were completed. A dental school student who takes
60 the licensure examinations during the student’s final year of an
61 approved dental school must graduate have graduated before being
62 certified for licensure pursuant to s. 466.011.
63 (c)1. Has successfully completed the examination
64 administered by the Joint Commission on National Dental
65 Examinations or its successor organization National Board of
66 Dental Examiners dental examination; or
67 2. Has an active health access dental license in this
68 state; and
69 a. The applicant has at least 5,000 hours within 4
70 consecutive years of clinical practice experience providing
71 direct patient care in a health access setting as defined in s.
72 466.003; the applicant is a retired veteran dentist of any
73 branch of the United States Armed Services who has practiced
74 dentistry while on active duty and has at least 3,000 hours
75 within 3 consecutive years of clinical practice experience
76 providing direct patient care in a health access setting as
77 defined in s. 466.003; or the applicant has provided a portion
78 of his or her salaried time teaching health profession students
79 in any public education setting, including, but not limited to,
80 a community college, college, or university, and has at least
81 3,000 hours within 3 consecutive years of clinical practice
82 experience providing direct patient care in a health access
83 setting as defined in s. 466.003;
84 b. The applicant has not been disciplined by the board,
85 except for citation offenses or minor violations;
86 c. The applicant has not filed a report pursuant to s.
87 456.049; and
88 d. The applicant has not been convicted of or pled nolo
89 contendere to, regardless of adjudication, any felony or
90 misdemeanor related to the practice of a health care profession.
91 (4) Notwithstanding any other provision of law in chapter
92 456 pertaining to the clinical dental licensure examination or
93 national examinations, to be licensed as a dentist in this
94 state, an applicant must successfully complete both of the
95 following:
96 (b) A practical or clinical examination, which must be the
97 American Dental Licensing Examination produced by the American
98 Board of Dental Examiners, Inc., or its successor entity, if
99 any, which that is administered in this state, provided that the
100 board has attained, and continues to maintain thereafter,
101 representation on the board of directors of the American Board
102 of Dental Examiners, the examination development committee of
103 the American Board of Dental Examiners, and such other
104 committees of the American Board of Dental Examiners as the
105 board deems appropriate by rule to assure that the standards
106 established herein are maintained organizationally. A passing
107 score on the American Dental Licensing Examination administered
108 in this state is valid for 365 days after the date the official
109 examination results are published.
110 1. As an alternative to such practical or clinical
111 examination, an applicant may submit scores from an American
112 Dental Licensing Examination previously administered in a
113 jurisdiction other than this state after October 1, 2011, and
114 such examination results are shall be recognized as valid for
115 the purpose of licensure in this state. A passing score on the
116 American Dental Licensing Examination administered out of state
117 is shall be the same as the passing score for the American
118 Dental Licensing Examination administered in this state. The
119 examination results are valid for 365 days after the date the
120 official examination results are published. The applicant must
121 have completed the examination after October 1, 2011. This
122 subparagraph may not be given retroactive application.
123 2. If the date of an applicant’s passing American Dental
124 Licensing Examination scores from an examination previously
125 administered in a jurisdiction other than this state under
126 subparagraph 1. is older than 365 days, such scores are
127 nevertheless valid for the purpose of licensure in this state,
128 but only if the applicant demonstrates that all of the following
129 additional standards have been met:
130 a. The applicant completed the American Dental Licensing
131 Examination after October 1, 2011. This sub-subparagraph may not
132 be given retroactive application.;
133 b. The applicant graduated from a dental school accredited
134 by the American Dental Association Commission on Dental
135 Accreditation or its successor entity, if any, or any other
136 dental accrediting organization recognized by the United States
137 Department of Education. Provided, however, if the applicant did
138 not graduate from such a dental school, the applicant may submit
139 proof of having successfully completed a full-time supplemental
140 general dentistry program accredited by the American Dental
141 Association Commission on Dental Accreditation of at least 2
142 consecutive academic years at such accredited sponsoring
143 institution. Such program must provide didactic and clinical
144 education at the level of a D.D.S. or D.M.D. program accredited
145 by the American Dental Association Commission on Dental
146 Accreditation. For purposes of this sub-subparagraph, a
147 supplemental general dentistry program does not include an
148 advanced education program in a dental specialty.;
149 c. The applicant currently possesses a valid and active
150 dental license in good standing, with no restriction, which has
151 never been revoked, suspended, restricted, or otherwise
152 disciplined, from another state or territory of the United
153 States, the District of Columbia, or the Commonwealth of Puerto
154 Rico.;
155 d. The applicant must disclose to the board during the
156 application process if submits proof that he or she has never
157 been reported to the National Practitioner Data Bank, the
158 Healthcare Integrity and Protection Data Bank, or the American
159 Association of Dental Boards Clearinghouse. This sub
160 subparagraph does not apply if the applicant successfully
161 appealed to have his or her name removed from the data banks of
162 these agencies.;
163 e.(I)(A) The applicant submits proof of having been
164 consecutively engaged in the full-time practice of dentistry in
165 another state or territory of the United States, the District of
166 Columbia, or the Commonwealth of Puerto Rico in the 5 years
167 immediately preceding the date of application for licensure in
168 this state; or
169 (B) If the applicant has been licensed in another state or
170 territory of the United States, the District of Columbia, or the
171 Commonwealth of Puerto Rico for less than 5 years, the applicant
172 submits proof of having been engaged in the full-time practice
173 of dentistry since the date of his or her initial licensure.
174 (II) As used in this section, “full-time practice” is
175 defined as a minimum of 1,200 hours per year for each and every
176 year in the consecutive 5-year period or, when applicable, the
177 period since initial licensure, and must include any combination
178 of the following:
179 (A) Active clinical practice of dentistry providing direct
180 patient care.
181 (B) Full-time practice as a faculty member employed by a
182 dental or dental hygiene school approved by the board or
183 accredited by the American Dental Association Commission on
184 Dental Accreditation.
185 (C) Full-time practice as a student at a postgraduate
186 dental education program approved by the board or accredited by
187 the American Dental Association Commission on Dental
188 Accreditation.
189 (III) The board shall develop rules to determine what type
190 of proof of full-time practice is required and to recoup the
191 cost to the board of verifying full-time practice under this
192 section. Such proof must, at a minimum, be:
193 (A) Admissible as evidence in an administrative proceeding;
194 (B) Submitted in writing;
195 (C) Submitted by the applicant under oath with penalties of
196 perjury attached;
197 (D) Further documented by an applicant’s annual income tax
198 return filed with the Internal Revenue Service for each year in
199 the preceding 5-year period or, if the applicant has been
200 practicing for less than 5 years, the period since initial
201 licensure affidavit of someone unrelated to the applicant who is
202 familiar with the applicant’s practice and testifies with
203 particularity that the applicant has been engaged in full-time
204 practice; and
205 (D)(E) Specifically found by the board to be both credible
206 and admissible.
207 (IV) The board may excuse applicants from the 1,200-hour
208 requirement in the event of hardship, as defined by the board.
209 An affidavit of only the applicant is not acceptable proof of
210 full-time practice unless it is further attested to by someone
211 unrelated to the applicant who has personal knowledge of the
212 applicant’s practice. If the board deems it necessary to assess
213 credibility or accuracy, the board may require the applicant or
214 the applicant’s witnesses to appear before the board and give
215 oral testimony under oath;
216 f. The applicant submits documentation that he or she has
217 completed, or will complete before he or she is licensed in this
218 state, continuing education equivalent to this state’s
219 requirements for the last full reporting biennium.;
220 g. The applicant proves that he or she has never been
221 convicted of, or pled nolo contendere to, regardless of
222 adjudication, any felony or misdemeanor related to the practice
223 of a health care profession in any jurisdiction.;
224 h. The applicant has successfully passed a written
225 examination on the laws and rules of this state regulating the
226 practice of dentistry and the computer-based diagnostic skills
227 examination.; and
228 i. The applicant submits documentation that he or she has
229 successfully completed the applicable examination administered
230 by the Joint Commission on National Dental Examinations or its
231 successor organization.
232 (5)(a) The practical examination required under subsection
233 (4) is the American Dental Licensing Examination developed by
234 the American Board of Dental Examiners, Inc., or its successor
235 entity, if any, provided the board finds that the successor
236 entity’s clinical examination complies with the provisions of
237 this section, and must include, at a minimum, all of the
238 following:
239 1. A comprehensive diagnostic skills examination covering
240 the full scope of dentistry and an examination on applied
241 clinical diagnosis and treatment planning in dentistry for
242 dental candidates.;
243 2. Two restorations on a manikin that has typodont teeth
244 with simulated caries as approved by the Commission on Dental
245 Competency Assessments. The board by rule shall determine the
246 class of such restorations.;
247 3. A demonstration of periodontal skills on a manikin that
248 has typodont teeth with simulated calculus as approved by the
249 Commission on Dental Competency Assessments.;
250 4. A demonstration of prosthetics and restorative skills in
251 complete and partial dentures and crowns and bridges and the
252 utilization of practical methods of evaluation, specifically
253 including the evaluation by the candidate of completed
254 laboratory products such as, but not limited to, crowns and
255 inlays filled to prepared model teeth.;
256 5. A demonstration of restorative skills on a manikin which
257 requires the candidate to complete procedures performed in
258 preparation for a cast restoration.;
259 6. A demonstration of endodontic skills.; and
260 7. A diagnostic skills examination demonstrating ability to
261 diagnose conditions within the human oral cavity and its
262 adjacent tissues and structures from photographs, slides,
263 radiographs, or models pursuant to rules of the board. If an
264 applicant fails to pass the diagnostic skills examination in
265 three attempts, the applicant is not eligible for reexamination
266 unless she or he completes additional educational requirements
267 established by the board.
268 (b) The department shall consult with the board in planning
269 the times, places, physical facilities, training of personnel,
270 and other arrangements concerning the administration of the
271 examination. The board or a duly designated committee thereof
272 shall approve the final plans for the administration of the
273 examination;
274 (c) If the applicant fails to pass the clinical examination
275 in three attempts, the applicant is shall not be eligible for
276 reexamination unless she or he completes additional educational
277 requirements established by the board.; and
278 (c)(d) The board may by rule provide for additional
279 procedures that which are to be tested, provided such procedures
280 are shall be common to the practice of general dentistry. The
281 board by rule shall determine the passing grade for each
282 procedure and the acceptable variation for examiners. No Such
283 rules may not rule shall apply retroactively.
284
285 The department shall require a mandatory standardization
286 exercise for all examiners prior to each practical or clinical
287 examination and shall retain for employment only those dentists
288 who have substantially adhered to the standard of grading
289 established at such exercise.
290 (6)(a) It is the finding of the Legislature that absent a
291 threat to the health, safety, and welfare of the public, the
292 relocation of applicants to practice dentistry within the
293 geographic boundaries of this state, who are lawfully and
294 currently practicing dentistry in another state or territory of
295 the United States, the District of Columbia, or the Commonwealth
296 of Puerto Rico, based on their scores from the American Dental
297 Licensing Examination administered in a state other than this
298 state, is substantially related to achieving the important state
299 interest of improving access to dental care for underserved
300 citizens of this state and furthering the economic development
301 goals of the state. Therefore, in order to maintain valid active
302 licensure in this state, all applicants for licensure who are
303 relocating to this state based on scores from the American
304 Dental Licensing Examination administered in a state other than
305 this state must actually engage in the full-time practice of
306 dentistry inside the geographic boundaries of this state within
307 1 year of receiving such licensure in this state. The
308 Legislature finds that, if such applicants do not actually
309 engage in the full-time practice of dentistry within the
310 geographic boundaries of this state within 1 year of receiving
311 such a license in this state, access to dental care for the
312 public will not significantly increase, patients’ continuity of
313 care will not be attained, and the economic development goals of
314 the state will not be significantly met.
315 (b)1. As used in this section, “full-time practice of
316 dentistry within the geographic boundaries of this state within
317 1 year” is defined as a minimum of 1,200 hours in the initial
318 year of licensure, which must include any combination of the
319 following:
320 a. Active clinical practice of dentistry providing direct
321 patient care within the geographic boundaries of this state.
322 b. Full-time practice as a faculty member employed by a
323 dental or dental hygiene school approved by the board or
324 accredited by the American Dental Association Commission on
325 Dental Accreditation and located within the geographic
326 boundaries of this state.
327 c. Full-time practice as a student at a postgraduate dental
328 education program approved by the board or accredited by the
329 American Dental Association Commission on Dental Accreditation
330 and located within the geographic boundaries of this state.
331 2. The board shall develop rules to determine what type of
332 proof of full-time practice of dentistry within the geographic
333 boundaries of this state for 1 year is required in order to
334 maintain active licensure and shall develop rules to recoup the
335 cost to the board of verifying maintenance of such full-time
336 practice under this section. Such proof must, at a minimum:
337 a. Be admissible as evidence in an administrative
338 proceeding;
339 b. Be submitted in writing;
340 c. Be submitted by the applicant under oath with penalties
341 of perjury attached;
342 d. Be further documented by an affidavit of someone
343 unrelated to the applicant who is familiar with the applicant’s
344 practice and testifies with particularity that the applicant has
345 been engaged in full-time practice of dentistry within the
346 geographic boundaries of this state within the last 365 days;
347 and
348 e. Include such additional proof as specifically found by
349 the board to be both credible and admissible.
350 3. An affidavit of only the applicant is not acceptable
351 proof of full-time practice of dentistry within the geographic
352 boundaries of this state within 1 year, unless it is further
353 attested to by someone unrelated to the applicant who has
354 personal knowledge of the applicant’s practice within the last
355 365 days. If the board deems it necessary to assess credibility
356 or accuracy, the board may require the applicant or the
357 applicant’s witnesses to appear before the board and give oral
358 testimony under oath.
359 (c) It is the further intent of the Legislature that a
360 license issued pursuant to paragraph (a) shall expire in the
361 event the board finds that it did not receive acceptable proof
362 of full-time practice within the geographic boundaries of this
363 state within 1 year after the initial issuance of the license.
364 The board shall make reasonable attempts within 30 days prior to
365 the expiration of such a license to notify the licensee in
366 writing at his or her last known address of the need for proof
367 of full-time practice in order to continue licensure. If the
368 board has not received a satisfactory response from the licensee
369 within the 30-day period, the licensee must be served with
370 actual or constructive notice of the pending expiration of
371 licensure and be given 20 days in which to submit proof required
372 in order to continue licensure. If the 20-day period expires and
373 the board finds it has not received acceptable proof of full
374 time practice within the geographic boundaries of this state
375 within 1 year after the initial issuance of the license, then
376 the board must issue an administrative order finding that the
377 license has expired. Such an order may be appealed by the former
378 licensee in accordance with the provisions of chapter 120. In
379 the event of expiration, the licensee shall immediately cease
380 and desist from practicing dentistry and shall immediately
381 surrender to the board the wallet-size identification card and
382 wall card. A person who uses or attempts to use a license issued
383 pursuant to this section which has expired commits unlicensed
384 practice of dentistry, a felony of the third degree pursuant to
385 s. 466.026(1)(b), punishable as provided in s. 775.082, s.
386 775.083, or s. 775.084.
387 Section 2. Subsection (1) of section 466.009, Florida
388 Statutes, is amended to read:
389 466.009 Reexamination.—
390 (1) The department shall permit Any person who fails an
391 examination that which is required under s. 466.006 or s.
392 466.007 may to retake the examination. If the examination to be
393 retaken is a practical or clinical examination, the applicant
394 shall pay a reexamination fee set by rule of the board in an
395 amount not to exceed the original examination fee.
396 Section 3. Paragraph (c) of subsection (1) of section
397 466.0135, Florida Statutes, is amended to read:
398 466.0135 Continuing education; dentists.—
399 (1) In addition to the other requirements for renewal set
400 out in this chapter, each licensed dentist shall be required to
401 complete biennially not less than 30 hours of continuing
402 professional education in dental subjects, with a minimum of 2
403 hours of continuing education on the safe and effective
404 prescribing of controlled substances. Programs of continuing
405 education shall be programs of learning that contribute directly
406 to the dental education of the dentist and may include, but
407 shall not be limited to, attendance at lectures, study clubs,
408 college postgraduate courses, or scientific sessions of
409 conventions; and research, graduate study, teaching, or service
410 as a clinician. Programs of continuing education shall be
411 acceptable when adhering to the following general guidelines:
412 (c) The board may also authorize up to 3 hours of credit
413 biennially for a practice management course that includes
414 instruction on principles of ethical practice management,
415 provides substance abuse, effective communication with patients,
416 time management, or and burnout prevention instruction.
417 Section 4. This act shall take effect July 1, 2024.
