Florida Senate - 2010                                     SB 970
       
       
       
       By Senator Richter
       
       
       
       
       37-00509C-10                                           2010970__
    1                        A bill to be entitled                      
    2         An act relating to the practice of dentistry;
    3         requiring persons who apply for licensure renewal as a
    4         dentist or dental hygienist to furnish certain
    5         information to the Department of Health in a dental
    6         workforce survey; requiring the Board of Dentistry to
    7         issue a nondisciplinary citation and a notice for
    8         failure to complete the survey within a specified
    9         time; providing notification requirements for the
   10         citation; requiring the department to serve as the
   11         coordinating body for the purpose of collecting,
   12         disseminating, and updating dental workforce data;
   13         requiring the department to maintain a database
   14         regarding the state’s dental workforce; requiring the
   15         department to develop strategies to maximize federal
   16         and state programs and to work with an advisory body
   17         to address matters relating to the state’s dental
   18         workforce; providing membership of the advisory body;
   19         requiring the department to act as a clearinghouse for
   20         collecting and disseminating information regarding the
   21         dental workforce; requiring the department and the
   22         board to adopt rules; providing legislative intent
   23         regarding implementation of the act within existing
   24         resources; amending s. 499.01, F.S.; authorizing
   25         certain business entities to pay for prescription
   26         drugs obtained by practitioners licensed under ch.
   27         466, F.S.; providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Dental workforce survey.—
   32         (1) Beginning in 2012, each person who applies for
   33  licensure renewal as a dentist or dental hygienist under chapter
   34  466, Florida Statutes, must, in conjunction with the renewal of
   35  such license under procedures and forms adopted by the Board of
   36  Dentistry and in addition to any other information that may be
   37  required from the applicant, furnish the following information
   38  to the Department of Health, working in conjunction with the
   39  board, in a dental workforce survey:
   40         (a) Licensee information, including, but not limited to:
   41         1. The name of the dental school or dental hygiene program
   42  that the dentist or dental hygienist graduated from and the year
   43  of graduation.
   44         2. The year that the dentist or dental hygienist began
   45  practicing or working in this state.
   46         3. The geographic location of the dentist’s or dental
   47  hygienist’s practice or address within the state.
   48         4. For a dentist in private practice:
   49         a. The number of full-time dental hygienists employed by
   50  the dentist during the reporting period.
   51         b. The number of full-time dental assistants employed by
   52  the dentist during the reporting period.
   53         c. The average number of patients treated per week by the
   54  dentist during the reporting period.
   55         d. The settings where the dental care was delivered.
   56         5. Anticipated plans of the dentist to change the status of
   57  his or her license or practice.
   58         6. The dentist’s areas of specialty or certification.
   59         7. The year that the dentist completed a specialty program
   60  recognized by the American Dental Association.
   61         8. For a hygienist:
   62         a. The average number of patients treated per week by the
   63  hygienist during the reporting period.
   64         b. The settings where the dental care was delivered.
   65         9. The dentist’s or dental hygienist’s memberships in
   66  professional organizations.
   67         10. The number of pro bono hours provided by the dentist or
   68  dental hygienist during the last biennium.
   69         (b) Information concerning the availability and trends
   70  relating to critically needed services, including, but not
   71  limited to, the following types of care provided by the dentist
   72  or dental hygienist:
   73         1. Dental care to children having special needs.
   74         2. Geriatric dental care.
   75         3. Dental services in emergency departments.
   76         4. Medicaid services.
   77         5. Other critically needed specialty areas, as determined
   78  by the advisory body.
   79         (2) The information furnished must include a statement
   80  submitted by the dentist or dental hygienist that the
   81  information provided is true and accurate to the best of his or
   82  her knowledge and the submission does not contain any knowingly
   83  false information.
   84         (3) Beginning in 2012, renewal of a license by a dentist or
   85  dental hygienist licensed under chapter 466, Florida Statutes,
   86  is not contingent upon the completion and submission of the
   87  dental workforce survey; however, for any subsequent license
   88  renewal, the board may not renew the license of any dentist or
   89  dental hygienist until the survey required under this section is
   90  completed and submitted by the licensee.
   91         (4)(a) Beginning in 2012, the Board of Dentistry shall
   92  issue a nondisciplinary citation to any dentist or dental
   93  hygienist licensed under chapter 466, Florida Statutes, who
   94  fails to complete the survey within 90 days after the renewal of
   95  his or her license to practice as a dentist or dental hygienist.
   96         (b) The citation must notify a dentist or dental hygienist
   97  who fails to complete the survey required by this section that
   98  his or her license will not be renewed for any subsequent
   99  license renewal unless the dentist or dental hygienist completes
  100  the survey.
  101         (c) In conjunction with issuing the license renewal notice
  102  required by s. 456.038, Florida Statutes, the board shall notify
  103  each dentist or dental hygienist licensed under chapter 466,
  104  Florida Statutes, who has failed to complete the survey at the
  105  licensee’s last known address of record with the board of the
  106  requirement that the dentist survey be completed before the
  107  subsequent license renewal.
  108         Section 2. (1) The Department of Health shall serve as the
  109  coordinating body for the purpose of collecting and regularly
  110  updating and disseminating dental workforce data. The department
  111  shall work with multiple stakeholders, including the Florida
  112  Dental Association and the Florida Dental Hygiene Association,
  113  to assess and share with all communities of interest all data
  114  collected in a timely fashion.
  115         (2) The Department of Health shall maintain a current
  116  database to serve as a statewide source of data concerning the
  117  dental workforce. The department, in conjunction with the board,
  118  shall also:
  119         (a) Develop strategies to maximize federal and state
  120  programs that provide incentives for dentists to practice in
  121  shortage areas that are federally designated. Strategies shall
  122  include programs such as the Florida Health Services Corps
  123  established under s. 381.0302, Florida Statutes.
  124         (b) Work in conjunction with an advisory body to address
  125  matters relating to the state’s dental workforce. The advisory
  126  body shall provide input on developing questions for the dentist
  127  workforce survey. An advisory body shall include, but need not
  128  be limited to, the State Surgeon General or his or her designee,
  129  the dean of each dental school accredited in the United States
  130  and based in this state or his or her designee, a representative
  131  from the Florida Dental Association, a representative from the
  132  Florida Dental Hygiene Association, a representative from the
  133  Florida Board of Dentistry, and a dentist from each of the
  134  dental specialties recognized by the American Dental
  135  Association’s Commission on Dental Accreditation.
  136         (c) Act as a clearinghouse for collecting and disseminating
  137  information concerning the dental workforce.
  138         (3) The Department of Health and the Board of Dentistry
  139  shall adopt rules necessary to administer this section.
  140         Section 3. It is the intent of the Legislature that the
  141  Department of Health and the Board of Dentistry implement the
  142  provisions of this act within existing resources.
  143         Section 4. Paragraph (t) of subsection (2) of section
  144  499.01, Florida Statutes, is amended to read:
  145         499.01 Permits.—
  146         (2) The following permits are established:
  147         (t) Health care clinic establishment permit.—Effective
  148  January 1, 2009, a health care clinic establishment permit is
  149  required for the purchase of a prescription drug by a place of
  150  business at one general physical location that provides health
  151  care or veterinary services, which is owned and operated by a
  152  business entity that has been issued a federal employer tax
  153  identification number. For the purpose of this paragraph, the
  154  term “qualifying practitioner” means a licensed health care
  155  practitioner defined in s. 456.001, or a veterinarian licensed
  156  under chapter 474, who is authorized under the appropriate
  157  practice act to prescribe and administer a prescription drug.
  158         1. An establishment must provide, as part of the
  159  application required under s. 499.012, designation of a
  160  qualifying practitioner who will be responsible for complying
  161  with all legal and regulatory requirements related to the
  162  purchase, recordkeeping, storage, and handling of the
  163  prescription drugs. In addition, the designated qualifying
  164  practitioner shall be the practitioner whose name, establishment
  165  address, and license number is used on all distribution
  166  documents for prescription drugs purchased or returned by the
  167  health care clinic establishment. Upon initial appointment of a
  168  qualifying practitioner, the qualifying practitioner and the
  169  health care clinic establishment shall notify the department on
  170  a form furnished by the department within 10 days after such
  171  employment. In addition, the qualifying practitioner and health
  172  care clinic establishment shall notify the department within 10
  173  days after any subsequent change.
  174         2. The health care clinic establishment must employ a
  175  qualifying practitioner at each establishment.
  176         3. In addition to the remedies and penalties provided in
  177  this part, a violation of this chapter by the health care clinic
  178  establishment or qualifying practitioner constitutes grounds for
  179  discipline of the qualifying practitioner by the appropriate
  180  regulatory board.
  181         4. The purchase of prescription drugs by the health care
  182  clinic establishment is prohibited during any period of time
  183  when the establishment does not comply with this paragraph.
  184         5. A health care clinic establishment permit is not a
  185  pharmacy permit or otherwise subject to chapter 465. A health
  186  care clinic establishment that meets the criteria of a modified
  187  Class II institutional pharmacy under s. 465.019 is not eligible
  188  to be permitted under this paragraph.
  189         6. This paragraph does not apply to the purchase of a
  190  prescription drug by a licensed practitioner under his or her
  191  license. A professional corporation or limited liability company
  192  composed of dentists and operating as authorized in s. 466.0285
  193  may pay for prescription drugs obtained by a practitioner
  194  licensed under chapter 466, and the licensed practitioner is
  195  deemed the purchaser and owner of the prescription drugs.
  196         Section 5. This act shall take effect July 1, 2010.