November 23, 2020
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_h1469__
HB 1469

1
A bill to be entitled
2An act relating to dentistry and dental hygiene; amending
3s. 466.003, F.S.; revising the definition of the term
4"health access settings" for purposes of provisions
5regulating the practice of dentistry; amending s. 466.023,
6F.S.; revising the scope of practice for dental
7hygienists; amending s. 466.0235, F.S.; revising the
8locations at which dental hygienists may perform dental
9charting; amending s. 466.024, F.S.; authorizing dental
10hygienists to perform certain duties without supervision
11by a dentist; amending ss. 466.006 and 466.0067, F.S.;
12conforming cross-references; reenacting s. 466.00672(2),
13F.S., relating to the revocation of health access dental
14licenses, to incorporate the amendment made by the act to
15s. 466.003, F.S., in a reference thereto; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (14) of section 466.003, Florida
21Statutes, is amended to read:
22     466.003  Definitions.-As used in this chapter:
23     (14)  "Health access setting settings" means a program or
24institution programs and institutions of the Department of
25Children and Family Services, the Department of Health, the
26Department of Juvenile Justice, a nonprofit community health
27center centers, a Head Start center centers, a federally
28qualified health center or look-alike centers (FQHCs), FQHC
29look-alikes as defined by federal law, a school-based
30program, or a clinic and clinics operated by an accredited
31college colleges of dentistry in this state if such community
32service program or institution programs and institutions
33immediately reports report to the Board of Dentistry all
34violations of s. 466.027, s. 466.028, or other practice act or
35standard of care violations related to the actions or inactions
36of a dentist, dental hygienist, or dental assistant engaged in
37the delivery of dental care in such setting settings.
38     Section 2.  Subsection (3) of section 466.023, Florida
39Statutes, is amended to read:
40     466.023  Dental hygienists; scope and area of practice.-
41     (3)  Dental hygienists may, without supervision, provide
42educational programs, faculty or staff training programs, and
43authorized fluoride rinse programs; apply fluoride varnishes;
44instruct and supervise patients in oral hygiene;, and perform
45other services which do not involve diagnosis or treatment of
46dental conditions and which services are approved by rule of the
47board.
48     Section 3.  Subsection (2) of section 466.0235, Florida
49Statutes, is amended to read:
50     466.0235  Dental charting.-
51     (2)  A dental hygienist may, without supervision and within
52the lawful scope of his or her duties as authorized by law,
53perform dental charting of hard and soft tissues in public and
54private educational institutions of the state and Federal
55Government, nursing homes, assisted living and long-term care
56facilities, community health centers, county health departments,
57mobile dental or health units, health access settings, and
58epidemiological surveys for public health. A dental hygienist
59may also perform dental charting on a volunteer basis at health
60fairs.
61     Section 4.  Subsections (2) through (6) of section 466.024,
62Florida Statutes, are renumbered as subsections (3) through (7),
63respectively, present subsections (2) and (4) are amended, and a
64new subsection (2) is added to that section, to read:
65     466.024  Delegation of duties; expanded functions.-
66     (2)  The following remediable tasks may be performed by a
67dental hygienist in a health access setting without supervision
68by a dentist:
69     (a)  Perform dental charting as defined in s. 466.0235 or
70as authorized by board rule.
71     (b)  Measure and record a patient's blood pressure, pulse
72rate, respiratory rate, and oral temperature.
73     (c)  Record a patient's case history.
74     (d)  Remove calculus deposits, accretions, and stains from
75exposed surfaces of teeth and from tooth surfaces within the
76gingival sulcus. This paragraph does not authorize a dental
77hygienist to perform root planing or gingival curettage without
78supervision by a dentist.
79     (e)  Apply topical fluorides that are approved by the
80American Dental Association or the United States Food and Drug
81Administration, including, but not limited to, fluoride
82varnishes.
83     (f)  Apply dental sealants.
84     (3)(2)  Notwithstanding subsections subsection (1) and (2),
85a dentist may delegate the tasks of gingival curettage and root
86planing to a dental hygienist but not to a dental assistant.
87     (5)(4)  Notwithstanding subsections subsection (1) and (2),
88a dentist may not delegate to anyone other than another licensed
89dentist:
90     (a)  Any prescription of drugs or medications requiring the
91written order or prescription of a licensed dentist or
92physician.
93     (b)  Any diagnosis for treatment or treatment planning.
94     Section 5.  Paragraph (c) of subsection (2) of section
95466.006, Florida Statutes, is amended to read:
96     466.006  Examination of dentists.-
97     (2)  An applicant shall be entitled to take the
98examinations required in this section to practice dentistry in
99this state if the applicant:
100     (c)1.  Has successfully completed the National Board of
101Dental Examiners dental examination within 10 years of the date
102of application; or
103     2.  Has an active health access dental license in this
104state; and
105     a.  The applicant has at least 5,000 hours within 4
106consecutive years of clinical practice experience providing
107direct patient care in a health access setting as defined in s.
108466.003(14); the applicant is a retired veteran dentist of any
109branch of the United States Armed Services who has practiced
110dentistry while on active duty and has at least 3,000 hours
111within 3 consecutive years of clinical practice experience
112providing direct patient care in a health access setting as
113defined in s. 466.003(14); or the applicant has provided a
114portion of his or her salaried time teaching health profession
115students in any public education setting, including, but not
116limited to, a community college, college, or university, and has
117at least 3,000 hours within 3 consecutive years of clinical
118practice experience providing direct patient care in a health
119access setting as defined in s. 466.003(14);
120     b.  The applicant has not been disciplined by the board,
121except for citation offenses or minor violations;
122     c.  The applicant has not filed a report pursuant to s.
123456.049; and
124     d.  The applicant has not been convicted of or pled nolo
125contendere to, regardless of adjudication, any felony or
126misdemeanor related to the practice of a health care profession.
127     Section 6.  Section 466.0067, Florida Statutes, is amended
128to read:
129     466.0067  Application for health access dental license.-The
130Legislature finds that there is an important state interest in
131attracting dentists to practice in underserved health access
132settings in this state and further, that allowing out-of-state
133dentists who meet certain criteria to practice in health access
134settings without the supervision of a dentist licensed in this
135state is substantially related to achieving this important state
136interest. Therefore, notwithstanding the requirements of s.
137466.006, the board shall grant a health access dental license to
138practice dentistry in this state in health access settings as
139defined in s. 466.003(14) to an applicant that:
140     (1)  Files an appropriate application approved by the
141board;
142     (2)  Pays an application license fee for a health access
143dental license, laws-and-rule exam fee, and an initial licensure
144fee. The fees specified in this subsection may not differ from
145an applicant seeking licensure pursuant to s. 466.006;
146     (3)  Has not been convicted of or pled nolo contendere to,
147regardless of adjudication, any felony or misdemeanor related to
148the practice of a health care profession;
149     (4)  Submits proof of graduation from a dental school
150accredited by the Commission on Dental Accreditation of the
151American Dental Association or its successor agency;
152     (5)  Submits documentation that she or he has completed, or
153will obtain prior to licensure, continuing education equivalent
154to this state's requirement for dentists licensed under s.
155466.006 for the last full reporting biennium before applying for
156a health access dental license;
157     (6)  Submits proof of her or his successful completion of
158parts I and II of the dental examination by the National Board
159of Dental Examiners and a state or regional clinical dental
160licensing examination that the board has determined effectively
161measures the applicant's ability to practice safely;
162     (7)  Currently holds a valid, active, dental license in
163good standing which has not been revoked, suspended, restricted,
164or otherwise disciplined from another of these United States,
165the District of Columbia, or a United States territory;
166     (8)  Has never had a license revoked from another of these
167United States, the District of Columbia, or a United States
168territory;
169     (9)  Has never failed the examination specified in s.
170466.006, unless the applicant was reexamined pursuant to s.
171466.006 and received a license to practice dentistry in this
172state;
173     (10)  Has not been reported to the National Practitioner
174Data Bank, unless the applicant successfully appealed to have
175his or her name removed from the data bank;
176     (11)  Submits proof that he or she has been engaged in the
177active, clinical practice of dentistry providing direct patient
178care for 5 years immediately preceding the date of application,
179or in instances when the applicant has graduated from an
180accredited dental school within the preceding 5 years, submits
181proof of continuous clinical practice providing direct patient
182care since graduation; and
183     (12)  Has passed an examination covering the laws and rules
184of the practice of dentistry in this state as described in s.
185466.006(4)(a).
186     Section 7.  For the purpose of incorporating the amendment
187made by this act to section 466.003, Florida Statutes, in a
188reference thereto, subsection (2) of section 466.00672, Florida
189Statutes, is reenacted to read:
190     466.00672  Revocation of health access dental license.-
191     (2)  Failure of an individual licensed pursuant to s.
192466.0067 to limit the practice of dentistry to health access
193settings as defined in s. 466.003 constitutes the unlicensed
194practice of dentistry.
195     Section 8.  This act shall take effect September 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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