Bill Text: FL S1040 | 2012 | Regular Session | Enrolled
Bill Title: Practice of Dentistry
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2012-03-05 - Ordered enrolled -SJ 870 [S1040 Detail]
Download: Florida-2012-S1040-Enrolled.html
ENROLLED 2012 Legislature SB 1040, 2nd Engrossed 20121040er 1 2 An act relating to the practice of dentistry; amending 3 s. 466.006, F.S.; revising the eligibility 4 requirements for taking the examinations required to 5 practice dentistry if the applicant is a graduate of a 6 certain dental college or school; amending s. 466.007, 7 F.S.; revising the eligibility requirements for taking 8 the examinations required to practice dental hygiene; 9 revising the licensing requirements to practice as a 10 dental hygienist; amending s. 466.017, F.S.; 11 authorizing dental hygienists to administer certain 12 local anesthesia under the direct supervision of a 13 licensed dentist if certain educational requirements 14 are met; requiring dental hygienists to maintain 15 current certification in basic or advanced 16 cardiopulmonary resuscitation or advanced cardiac life 17 support with recertification every 2 years; amending 18 s. 466.023, F.S.; revising the scope and area of 19 practice for dental hygienists, to conform to changes 20 made by this act; amending s. 466.024, F.S.; revising 21 the delegated duties that are found to be remediable 22 and delegable, to conform to changes made by this act; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (3) of section 466.006, Florida 28 Statutes, is amended to read: 29 466.006 Examination of dentists.— 30 (3) If an applicant is a graduate of a dental college or 31 school not accredited in accordance with paragraph (2)(b) or of 32 a dental college or school not approved by the board, the 33 applicant isshallnotbeentitled to take the examinations 34 required in this section to practice dentistry until she or he 35 satisfies one of the following: 36 (a) Completes a program of study, as defined by the board 37 by rule, at an accredited American dental school and 38 demonstrates receipt of a D.D.S. or D.M.D. from said school; or 39 (b) Submits proof of having successfully completed at least 40 2 consecutive academic years at a full-time supplemental general 41 dentistry program accredited by the American Dental Association 42 Commission on Dental Accreditation. This program must provide 43 didactic and clinical education at the level of a D.D.S. or 44 D.M.D. program accredited by the American Dental Association 45 Commission on Dental AccreditationCompletes a 2-year46supplemental dental education program at an accredited dental47school and receives a dental diploma, degree, or certificate as48evidence of program completion. 49 Section 2. Subsections (2) and (4) of section 466.007, 50 Florida Statutes, are amended, and subsections (5) and (6) are 51 added to that section, to read: 52 466.007 Examination of dental hygienists.— 53 (2) An applicant isshall beentitled to take the 54 examinations required in this section to practice dental hygiene 55 in this state if the applicant: 56 (a) Is 18 years of age or older. 57 (b)1. Is a graduate of a dental hygiene college or school 58 approved by the board or accredited by the Commission on 59 Accreditation of the American Dental Association or its 60 successor entity, if any, or any other dental hygiene program 61 accrediting entity recognized by the United States Department of 62 Educationagency; or 63 2. Is a graduate of a dental college or school accredited 64 in accordance with s. 466.006(2)(b), or a graduate of an 65 unaccredited dental college or school, and has met the 66 requirements of subsection (3). 67 (c)1. In the case of a graduate of a dental hygiene college 68 or school under subparagraph (2)(b)1.: 69 a. Has successfully completed the National Board of Dental 70 Hygiene examination at any time before the date of application 71within 10 years of the date of application; 72 b. Has been certified by the American Dental Association 73 Joint Commission on National Dental Examinations at any time 74 before the date of applicationwithin 10 years of the date of75application;and76 c. Effective January 1, 1997, has completed coursework that 77whichis comparable to an associate in science degree;.78 d. Has not been disciplined by a board, except for citation 79 offenses or minor violations; and 80 e. Has not been convicted of or pled nolo contendere to, 81 regardless of adjudication, any felony or misdemeanor related to 82 the practice of a health care profession. 83 2. In the case of a graduate of a dental college or school 84 under subparagraph (2)(b)2.:, has85 a. Successfully completedeitherthe National Boardof86 Dental Hygiene Examination or the National BoardofDental 87Examiners dentalExamination;, within 10 years of the date of88application.89 b. Has not been disciplined by a board, except for citation 90 offenses or minor violations; and 91 c. Has not been convicted of or pled nolo contendere to, 92 regardless of adjudication, any felony or misdemeanor related to 93 the practice of a health care profession. 94 (4) Effective July 1, 2012, to be licensed as a dental 95 hygienist in this state, an applicant must successfully complete 96 the following: 97 (a) A written examination on the laws and rules of this 98 state regulating the practice of dental hygiene. 99 (b) A practical or clinical examination approved by the 100 board. The examination shall be the Dental Hygiene Examination 101 produced by the American Board of Dental Examiners, Inc. (ADEX) 102 or its successor entity, if any, if the board finds that the 103 successor entity’s clinical examination meets or exceeds the 104 provisions of this section. The board shall approve the ADEX 105 Dental Hygiene Examination if the board has attained and 106 continues to maintain representation on the ADEX House of 107 Representatives, the ADEX Dental Hygiene Examination Development 108 Committee, and such other ADEX Dental Hygiene committees as the 109 board deems appropriate through rulemaking to ensure that the 110 standards established in this section are maintained 111 organizationally. The ADEX Dental Hygiene Examination or the 112 examination produced by its successor entity is a comprehensive 113 examination in which an applicant must demonstrate skills within 114 the dental hygiene scope of practice on a live patient and any 115 other components that the board deems necessary for the 116 applicant to successfully demonstrate competency for the purpose 117 of licensure. The ADEX Dental Hygiene Examination or the 118 examination by the successor entity administered in this state 119 shall be graded by dentists and dental hygienists licensed in 120 this state who are employed by the department for this purpose. 121 (5) Effective July 1, 2012, an applicant who has completed 122 the ADEX Dental Hygiene Examination in a jurisdiction other than 123 this state and who has obtained a passing score may practice 124 dental hygiene in this state if the applicant: 125 (a) Has successfully completed the National Board Dental 126 Hygiene Examination at any time before the date of application; 127 (b) Has been certified by the American Dental Association 128 Joint Commission on National Dental Examinations at any time 129 before the date of application, as specified by state law; 130 (c) Has successfully completed a written examination on the 131 laws and rules of this state regulating the practice of dental 132 hygiene; 133 (d) Has not been disciplined by a board, except for 134 citation offenses or minor violations; and 135 (e) Has not been convicted of or pled nolo contendere to, 136 regardless of adjudication, any felony or misdemeanor related to 137 the practice of a health care profession. 138 (6)(a) A passing score on the ADEX Dental Hygiene 139 Examination administered out of state shall be considered the 140 same as a passing score for the ADEX Dental Hygiene Examination 141 administered in this state and graded by licensed dentists and 142 dental hygienists. 143 (b) If an applicant fails to pass the ADEX Dental Hygiene 144 Examination in three attempts, the applicant is not eligible to 145 retake the examination unless the applicant completes additional 146 education requirements as specified by the board.The practical147or clinical examination shall test competency in areas to be148established by rule of the board which shall include testing the149ability to adequately perform a prophylaxis. On or after October1501, 1986, every applicant who is otherwise qualified shall be151eligible to take the examination a total of three times,152notwithstanding the number of times the applicant has previously153failed. If an applicant fails the examination three times, the154applicant shall no longer be eligible to take the examination155unless he or she obtains additional educational requirements156established by the board. The department shall require a157mandatory standardization exercise pursuant to s.456.017(1)(b)158for all examiners prior to each practical or clinical159examination and shall retain for employment only those dentists160and dental hygienists who have substantially adhered to the161standard of grading established at such exercise. It is the162intent of the Legislature that the examinations relate to those163procedures which are actually performed by a dental hygienist in164general practice.165 Section 3. Present subsection (4) of section 466.017, 166 Florida Statutes, is amended, subsections (5) and (6) are 167 renumbered as subsections (7) and (8), respectively, and new 168 subsections (5) and (6) are added to that section, to read: 169 466.017 Prescription of drugs; anesthesia.— 170 (4) A dentist or dental hygienist who administers or 171 employs the use of any form of anesthesia must possess a 172 certification in either basic cardiopulmonary resuscitation for 173 health professionals or advanced cardiac life support approved 174 by the American Heart Association or the American Red Cross or 175 an equivalent agency-sponsored course with recertification every 176 2 years. Each dental office which uses any form of anesthesia 177 must have immediately available and in good working order such 178 resuscitative equipment, oxygen, and other resuscitative drugs 179 as are specified by rule of the board in order to manage 180 possible adverse reactions. 181 (5) A dental hygienist under the direct supervision of a 182 dentist may administer local anesthesia, including intraoral 183 block anesthesia, soft tissue infiltration anesthesia, or both, 184 to a nonsedated patient who is 18 years of age or older, if the 185 following criteria are met: 186 (a) The dental hygienist has successfully completed a 187 course in the administration of local anesthesia which is 188 offered by a dental or dental hygiene program accredited by the 189 Commission on Dental Accreditation of the American Dental 190 Association or approved by the board. The course must include a 191 minimum of 30 hours of didactic instruction and 30 hours of 192 clinical experience, and instruction in: 193 1. Theory of pain control. 194 2. Selection-of-pain-control modalities. 195 3. Anatomy. 196 4. Neurophysiology. 197 5. Pharmacology of local anesthetics. 198 6. Pharmacology of vasoconstrictors. 199 7. Psychological aspects of pain control. 200 8. Systematic complications. 201 9. Techniques of maxillary anesthesia. 202 10. Techniques of mandibular anesthesia. 203 11. Infection control. 204 12. Medical emergencies involving local anesthesia. 205 (b) The dental hygienist presents evidence of current 206 certification in basic or advanced cardiac life support. 207 (c) The dental hygienist possesses a valid certificate 208 issued under subsection (6). 209 (6) Any dental hygienist seeking a certificate to 210 administer local anesthesia must apply to the department, remit 211 an application fee, and submit proof of successful completion of 212 a course in the administration of local anesthesia pursuant to 213 subsection (5). The board shall certify, and the department 214 shall issue a certificate to, any dental hygienist who fulfills 215 the qualifications of subsection (5). The board shall establish 216 a one-time application fee not to exceed $35. The certificate is 217 not subject to renewal but is part of the dental hygienist’s 218 permanent record and must be prominently displayed at the 219 location where the dental hygienist is authorized to administer 220 local anesthesia. The board shall adopt rules necessary to 221 administer subsection (5) and this subsection. 222 Section 4. Subsection (7) is added to section 466.023, 223 Florida Statutes, to read: 224 466.023 Dental hygienists; scope and area of practice.— 225 (7) A dental hygienist may administer local anesthesia as 226 provided in ss. 466.017 and 466.024. 227 Section 5. Subsection (1) of section 466.024, Florida 228 Statutes, is amended to read: 229 466.024 Delegation of duties; expanded functions.— 230 (1) A dentist may not delegate irremediable tasks to a 231 dental hygienist or dental assistant, except as provided by law. 232 A dentist may delegate remediable tasks to a dental hygienist or 233 dental assistant when such tasks pose no risk to the patient. A 234 dentist may only delegate remediable tasks so defined by law or 235 rule of the board. The board by rule shall designate which tasks 236 are remediable and delegable, except that the following are by 237 law found to be remediable and delegable: 238 (a) Taking impressions for study casts but not for the 239 purpose of fabricating any intraoral restorations or orthodontic 240 appliance. 241 (b) Placing periodontal dressings. 242 (c) Removing periodontal or surgical dressings. 243 (d) Removing sutures. 244 (e) Placing or removing rubber dams. 245 (f) Placing or removing matrices. 246 (g) Placing or removing temporary restorations. 247 (h) Applying cavity liners, varnishes, or bases. 248 (i) Polishing amalgam restorations. 249 (j) Polishing clinical crowns of the teeth for the purpose 250 of removing stains but not changing the existing contour of the 251 tooth. 252 (k) Obtaining bacteriological cytological specimens not 253 involving cutting of the tissue. 254 (l) Administering local anesthesia pursuant to s. 255 466.017(5). 256 257 This subsection does not limit delegable tasks to those 258 specified herein. 259 Section 6. This act shall take effect upon becoming a law.