Bill Text: FL S1032 | 2020 | Regular Session | Introduced
Bill Title: Licensure Examinations for Dental Practitioners
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Health Policy [S1032 Detail]
Download: Florida-2020-S1032-Introduced.html
Florida Senate - 2020 SB 1032 By Senator Baxley 12-01027-20 20201032__ 1 A bill to be entitled 2 An act relating to licensure examinations for dental 3 practitioners; amending s. 466.006, F.S.; authorizing 4 passage of a dental examination produced by a 5 specified entity to satisfy licensure examination 6 requirements for applicants to practice dentistry in 7 this state; conforming provisions to changes made by 8 the act; making technical changes; amending s. 9 466.007, F.S.; authorizing passage of a dental hygiene 10 examination produced by a specified entity to satisfy 11 licensure examination requirements for applicants to 12 practice as dental hygienists in this state; 13 conforming provisions to changes made by the act; 14 making technical changes; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsections (1) and (4), paragraph (a) of 19 subsection (5), and paragraph (a) of subsection (6) of section 20 466.006, Florida Statutes, are amended to read: 21 466.006 Examination of dentists.— 22 (1)(a) It is the intent of the Legislature to reduce the 23 costs associated with an independent, state-developed practical 24 or clinical examination to measure an applicant’s ability to 25 practice the profession of dentistry and to use the American 26 Dental Licensing Examination developed by the American Board of 27 Dental Examiners, Inc., (ADEX) and the dental examination 28 developed by the Western Regional Examining Board (WREB) in lieu 29 of an independent, state-developed practical or clinical 30 examination. The Legislature finds that the American Dental 31 Licensing Examination and WREB’s dental examination, in both 32 theiritsstructure and function, consistently meetmeets33 generally accepted testing standards and havehasbeen found, as 34 they areit iscurrently organized and operatedoperating, to 35 adequately and reliably measure an applicant’s ability to 36 practice the profession of dentistry. 37 (b) Any person desiring to be licensed as a dentist shall 38 apply to the department to take one of the licensure 39 examinations identified in paragraph (a) and shall verify the 40 information required on the application by oath. The application 41 mustshallinclude two recent photographs. The board shallThere42shall be an application feeset a nonrefundable application fee, 43 which mayby the boardnottoexceed $100which shall be44nonrefundable. The board alsoThereshall setalso bean 45 examination feeset by the board, which mayshallnot exceed 46 $425 plus the actual per applicant cost to the department for 47 the purchase of some or all of the examinationsexaminationfrom 48 ADEX and WREB, or their respective successor entitiesthe49American Board of Dental Examiners orits successor entity, if 50 any, provided the board finds the successor entities’entity’s51 clinical examinations complyexamination complieswiththe52provisions ofthis section. The examination fee may be refunded 53refundableif the applicant is found ineligible to take an 54 examinationthe examinations. 55 (4) Notwithstanding any otherprovision oflaw in chapter 56 456 pertaining to the clinical dental licensure examination or 57 national examinations, to be licensed as a dentist in this 58 state, an applicant must successfully complete both of the 59 following: 60 (a) A written examination on the laws and rules of the 61 state regulating the practice of dentistry.;62 (b)1.A practical or clinical examination, which mustshall63 be the American Dental Licensing Examination produced by ADEX 64the American Board of Dental Examiners, Inc.,or its successor 65 entity, if any, or the dental examination produced by WREB, or 66 its successor entity, if any, whichthatis administered in this 67 state and graded by dentists licensed in this state and employed 68 by the department for thatjust suchpurpose, provided that the 69 board has attained, and continues to maintain thereafter, 70 representation, as applicable, on the ADEX board of directorsof71the American Board of Dental Examiners, the WREB board of 72 directors, the ADEX examination development committee,of the73American Board of Dental Examinersthe WREB examination 74 development committee, and such other committees of ADEX and 75 WREB as the board identifies by rule as being appropriate to 76 ensurethe American Board of Dental Examinersas the board deems77appropriate by rule to assurethat the standards established 78 herein are maintained organizationally. A passing score on the 79 American Dental Licensing Examination or WREB’s dental 80 examination that is administered in this state and graded by 81 dentists who are licensed in this state is valid for 365 days 82 after the date the official examination results are published. 83 1.2.a.As an alternative to the requirements of this 84 paragraphsubparagraph 1., an applicant may submit scores from 85 theanAmerican Dental Licensing Examination or WREB’s dental 86 examination that was previously administered in a jurisdiction 87 other than this state and that was completed by the applicant 88 after October 1, 2011, and such examination results mustshall89 be recognized as valid for the purpose of licensure in this 90 state. A passing score on the American Dental Licensing 91 Examination or WREB’s dental examination that was administered 92 out-of-state isshall bethe same as the passing score for the 93 American Dental Licensing Examination or WREB’s dental 94 examination that was administered in this state and graded by 95 dentists who are licensed in this state. Except as provided in 96 subparagraph 2., the examination results are valid for 365 days 97 after the date the official examination results are published. 98The applicant must have completed the examination after October991, 2011.100b.This subparagraph may not be given retroactive 101 application. 102 2.3.If more than 365 days have passed since the date of an 103 applicant’s passing scores from the American Dental Licensing 104 Examination or WREB’s dental examination that wasscores from an105examinationpreviously administered in a jurisdiction other than 106 this state under subparagraph 1.2.isolderthan 365 days, then 107 such scores mustshall neverthelessbe recognized as valid for 108 the purpose of licensure in this state,but onlyif the 109 applicant demonstrates that all of the following additional 110 standards have been met: 111 a.(I)The applicant completed the American Dental Licensing 112 Examination or WREB’s dental examination after October 1, 2011. 113(II)This sub-subparagraph may not be given retroactive 114 application; 115 b. The applicant graduated from a dental school accredited 116 by the American Dental Association Commission on Dental 117 Accreditation or its successor entity, if any, or any other 118 dental accrediting organization recognized by the United States 119 Department of Education. Provided, however, if the applicant did 120 not graduate from such a dental school, the applicant may submit 121 proof of having successfully completed a full-time supplemental 122 general dentistry program accredited by the American Dental 123 Association Commission on Dental Accreditation of at least 2 124 consecutive academic years at such accredited sponsoring 125 institution. Such program must provide didactic and clinical 126 education at the level of a D.D.S. or D.M.D. program accredited 127 by the American Dental Association Commission on Dental 128 Accreditation; 129 c. The applicant currently possesses a valid and active 130 dental license in good standing, with no restriction, which has 131 never been revoked, suspended, restricted, or otherwise 132 disciplined, from another state or territory of the United 133 States, the District of Columbia, or the Commonwealth of Puerto 134 Rico; 135 d. The applicant submits proof that he or she has never 136 been reported to the National Practitioner Data Bank, the 137 Healthcare Integrity and Protection Data Bank, or the American 138 Association of Dental Boards Clearinghouse. This sub 139 subparagraph does not apply if the applicant successfully 140 appealed to have his or her name removed from the data banks of 141 these agencies; 142 e.(I)ForInthe 5 years immediately preceding the date of 143 application for licensure in this state, the applicant submits 144must submitproof of having been consecutively engaged in the 145 full-time practice of dentistry in another state or territory of 146 the United States, the District of Columbia, or the Commonwealth 147 of Puerto Rico, or, if the applicant has been licensed in 148 another state or territory of the United States, the District of 149 Columbia, or the Commonwealth of Puerto Rico for less than 5 150 years, the applicant must submit proof of having been engaged in 151 the full-time practice of dentistry since the date of his or her 152 initial licensure. 153 (I)(II)As used in this sub-subparagraph and subsection (6) 154section, “full-time practice” is defined as a minimum of 1,200 155 hours per year for each and every year in the consecutive 5-year 156 period or, whenwhereapplicable, the period since initial 157 licensure, and must include any combination of the following: 158 (A) Active clinical practice of dentistry providing direct 159 patient care. 160 (B) Full-time practice as a faculty member employed by a 161 dental or dental hygiene school approved by the board or 162 accredited by the American Dental Association Commission on 163 Dental Accreditation. 164 (C) Full-time practice as a student at a postgraduate 165 dental education program approved by the board or accredited by 166 the American Dental Association Commission on Dental 167 Accreditation. 168 (II)(III)The board shall develop rules to determine what 169 type of proof of full-time practice is required and to recoup 170 the cost to the board of verifying full-time practice under this 171 section. Such proof must, at a minimum, be: 172 (A) Admissible as evidence in an administrative proceeding; 173 (B) Submitted in writing; 174 (C) Submitted by the applicant under oath with penalties of 175 perjury attached; 176 (D) Further documented by an affidavit of someone unrelated 177 to the applicant who is familiar with the applicant’s practice 178 and testifies with particularity that the applicant has been 179 engaged in full-time practice; and 180 (E) Specifically found by the board to be both credible and 181 admissible. 182 (III)(IV)An affidavit of only the applicant is not 183 acceptable proof of full-time practice unless it is further 184 attested to by someone unrelated to the applicant who has 185 personal knowledge of the applicant’s practice. If the board 186 deems it necessary to assess credibility or accuracy, the board 187 may require the applicant or the applicant’s witnesses to appear 188 before the board and give oral testimony under oath; 189 f. The applicant submitsmust submitdocumentation that he 190 or she has completed, or will complete, prior to licensure in 191 this state, continuing education equivalent to this state’s 192 requirements for the last full reporting biennium; 193 g. The applicant provesmust provethat he or she has never 194 been convicted of, or pled nolo contendere to, regardless of 195 adjudication, any felony or misdemeanor related to the practice 196 of a health care profession in any jurisdiction; 197 h. The applicantmustsuccessfully passespassa written 198 examination on the laws and rules of this state regulating the 199 practice of dentistry andmust successfully passthe computer 200 based diagnostic skills examination; and 201 i. The applicant submitsmust submitdocumentation that he 202 or she has successfully completed the National Board of Dental 203 Examiners dental examination. 204 (5)(a) The practical examination required under subsection 205 (4) mustshall be the American Dental Licensing Examination206developed by theAmerican Board of Dental Examiners, Inc., or207its successor entity, ifany, provided the board finds that the208successor entity’s clinical examination complies with the209provisions of this section, and shallinclude, at a minimum: 210 1. A comprehensive diagnostic skills examination covering 211 the full scope of dentistry and an examination on applied 212 clinical diagnosis and treatment planning in dentistry for 213 dental candidates; 214 2. Two restorations on a live patient or patients. The 215 board by rule shall determine the class of such restorations; 216 3. A demonstration of periodontal skills on a live patient; 217 4. A demonstration of prosthetics and restorative skills in 218 complete and partial dentures and crowns and bridges and the 219 utilization of practical methods of evaluation, specifically 220 including the evaluation by the candidate of completed 221 laboratory products such as, but not limited to, crowns and 222 inlays filled to prepared model teeth; 223 5. A demonstration of restorative skills on a mannequin 224 which requires the candidate to complete procedures performed in 225 preparation for a cast restoration; 226 6. A demonstration of endodontic skills; and 227 7. A diagnostic skills examination demonstrating ability to 228 diagnose conditions within the human oral cavity and its 229 adjacent tissues and structures from photographs, slides, 230 radiographs, or models pursuant to rules of the board. If an 231 applicant fails to pass the diagnostic skills examination in 232 three attempts, the applicant isshallnotbeeligible for 233 reexamination unless she or he completes additional educational 234 requirements established by the board. 235 236 The department shall require a mandatory standardization 237 exercise for all examiners prior to each practical or clinical 238 examination and shall retain for employment only those dentists 239 who have substantially adhered to the standard of grading 240 established at such exercise. 241 (6)(a)It is the finding ofThe Legislature finds that it 242 is an important state interest to improve access to dental care 243 for underserved citizens of this state and to further the 244 economic development goals of the state, and that, absent a 245 threat to the health, safety, and welfare of the public, the 246 relocation of individuals who are lawfully and currently 247 practicing dentistry in another state or territory of the United 248 States, the District of Columbia, or the Commonwealth of Puerto 249 Rico, as applicants to practice dentistry within the geographic 250 boundaries of this state, who are lawfully and currently251practicing dentistry in another state or territory of the United252States, the District of Columbia, or the Commonwealth of Puerto253Rico, based on their scores from the American Dental Licensing 254 Examination or WREB’s dental examination administered in a state 255 other than this state, is substantially related to achieving 256 thosetheimportant state interestsinterest of improving access257to dental care for underserved citizens of this state and258furthering the economic development goals of the state. 259 Therefore, in order to maintain valid active licensure in this 260 state, all applicants for licensure who are relocating to this 261 state based on scores from the American Dental Licensing 262 Examination or WREB’s dental examination administered in a state 263 other than this state shallmust actuallyengage in the full 264 time practice of dentistry, as defined in sub-subparagraph 265 (4)(b)2.e., inside the geographic boundaries of this state 266 within 1 year afterofreceiving such licensure in this state. 267 The Legislature further finds that, if such applicants do not 268actuallyengage in the full-time practice of dentistry within 269 the geographic boundaries of this state within 1 year afterof270 receiving such a license in this state, access to dental care 271 for the public will not significantly increase, patients’ 272 continuity of care will not be attained, and the economic 273 development goals of the state will not be significantly met. 274 Section 2. Paragraph (b) of subsection (4) and subsections 275 (5) and (6) of section 466.007, Florida Statutes, are amended to 276 read: 277 466.007 Examination of dental hygienists.— 278 (4) Effective July 1, 2012, to be licensed as a dental 279 hygienist in this state, an applicant must successfully complete 280 the following: 281 (b) A practical or clinical examination, which must 282approved by the board.The examinationshallbe the Dental 283 Hygiene Examination produced by the American Board of Dental 284 Examiners, Inc., (ADEX) or its successor entity, if any, or the 285 dental hygiene examination produced by the Western Regional 286 Examining Board (WREB), or its successor entity, if any, if the 287 board finds that the successor entities’entity’sclinical 288 examination meets or exceeds the provisions of this section. The 289 board shall approve the ADEX Dental Hygiene Examination and 290 WREB’s dental hygiene examination if the board has attained and 291 continues to maintain representation, as applicable, on the ADEX 292 House of Representatives, the WREB board of directors, the ADEX 293 dental hygiene examination development committee, the WREB 294 dental hygiene examination review board, and such other ADEX and 295 WREB dental hygiene committees as the board identifies by rule 296 as being appropriatedeems appropriate through rulemakingto 297 ensure that the standards established in this section are 298 maintained organizationally. The ADEX Dental Hygiene Examination 299 and WREB’s dental hygiene examination, or the examination 300 produced by their respective successor entities, if any,its301successor entityis a comprehensive examination in which an 302 applicant must demonstrate skills within the dental hygiene 303 scope of practice on a live patient and any other components 304 that the board deems necessary for the applicant to successfully 305 demonstrate competency for the purpose of licensure. The ADEX 306 Dental Hygiene Examination and WREB’s dental hygiene 307 examination, or the examination produced by their respective 308 successor entities, if any,bythesuccessor entityadministered 309 in this state shall be graded by dentists and dental hygienists 310 licensed in this state who are employed by the department for 311 this purpose. 312 (5) Effective July 1, 2012, an applicant who has completed 313 the ADEX Dental Hygiene Examination or WREB’s dental hygiene 314 examination in a jurisdiction other than this state and who has 315 obtained a passing score may practice dental hygiene in this 316 state if the applicant: 317 (a) Has successfully completed the National Board Dental 318 Hygiene Examination at any time before the date of application; 319 (b) Has been certified by the American Dental Association 320 Joint Commission on National Dental Examinations at any time 321 before the date of application, as specified by state law; 322 (c) Has successfully completed a written examination on the 323 laws and rules of this state regulating the practice of dental 324 hygiene; 325 (d) Has not been disciplined by a board, except for 326 citation offenses or minor violations; and 327 (e) Has not been convicted of or pled nolo contendere to, 328 regardless of adjudication, any felony or misdemeanor related to 329 the practice of a health care profession. 330 (6)(a) A passing score on the ADEX Dental Hygiene 331 Examination or WREB’s dental hygiene examination that is 332 administered out of state isshall beconsidered the same as a 333 passing score for the ADEX Dental Hygiene Examination or WREB’s 334 dental hygiene examination administered in this state and graded 335 bylicenseddentists and dental hygienists licensed in this 336 state. 337 (b) If an applicant fails to pass the ADEX Dental Hygiene 338 Examination or WREB’s dental hygiene examination in three 339 attempts, the applicant is not eligible to retake the 340 examination unless the applicant completes additional education 341 requirements as specified by the board. 342 Section 3. This act shall take effect July 1, 2020.