Florida Senate - 2010                       CS for CS for SB 970
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Health Regulation; and Senators Richter, Gaetz, and Sobel
       
       
       
       585-04376-10                                           2010970c2
    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         providing for members of the advisory body to serve
   20         without compensation; requiring the department to act
   21         as a clearinghouse for collecting and disseminating
   22         information regarding the dental workforce; requiring
   23         the department and the board to adopt rules; providing
   24         legislative intent regarding implementation of the act
   25         within existing resources; amending s. 499.01, F.S.;
   26         authorizing certain business entities to pay for
   27         prescription drugs obtained by practitioners licensed
   28         under ch. 466, F.S.; amending s. 499.01212, F.S.;
   29         providing that a pedigree paper is not required for a
   30         wholesale distribution of prescription drugs within a
   31         sealed medical convenience kit under certain
   32         conditions; providing an exception; amending s.
   33         624.91, F.S.; revising the membership of the board of
   34         directors of the Florida Healthy Kids Corporation to
   35         include a member nominated by the Florida Dental
   36         Association and appointed by the Governor; providing
   37         an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Dental workforce survey.—
   42         (1) Beginning in 2012, each person who applies for
   43  licensure renewal as a dentist or dental hygienist under chapter
   44  466, Florida Statutes, must, in conjunction with the renewal of
   45  such license under procedures and forms adopted by the Board of
   46  Dentistry and in addition to any other information that may be
   47  required from the applicant, furnish the following information
   48  to the Department of Health, working in conjunction with the
   49  board, in a dental workforce survey:
   50         (a) Licensee information, including, but not limited to:
   51         1. The name of the dental school or dental hygiene program
   52  that the dentist or dental hygienist graduated from and the year
   53  of graduation.
   54         2. The year that the dentist or dental hygienist began
   55  practicing or working in this state.
   56         3. The geographic location of the dentist’s or dental
   57  hygienist’s practice or address within the state.
   58         4. For a dentist in private practice:
   59         a. The number of full-time dental hygienists employed by
   60  the dentist during the reporting period.
   61         b. The number of full-time dental assistants employed by
   62  the dentist during the reporting period.
   63         c. The average number of patients treated per week by the
   64  dentist during the reporting period.
   65         d. The settings where the dental care was delivered.
   66         5. Anticipated plans of the dentist to change the status of
   67  his or her license or practice.
   68         6. The dentist’s areas of specialty or certification.
   69         7. The year that the dentist completed a specialty program
   70  recognized by the American Dental Association.
   71         8. For a hygienist:
   72         a. The average number of patients treated per week by the
   73  hygienist during the reporting period.
   74         b. The settings where the dental care was delivered.
   75         9. The dentist’s memberships in professional organizations.
   76         10. The number of pro bono hours provided by the dentist or
   77  dental hygienist during the last biennium.
   78         (b) Information concerning the availability and trends
   79  relating to critically needed services, including, but not
   80  limited to, the following types of care provided by the dentist
   81  or dental hygienist:
   82         1. Dental care to children having special needs.
   83         2. Geriatric dental care.
   84         3. Dental services in emergency departments.
   85         4. Medicaid services.
   86         5. Other critically needed specialty areas, as determined
   87  by the advisory body.
   88         (2) In addition to the completed survey, the dentist or
   89  dental hygienist must submit a statement that the information
   90  provided is true and accurate to the best of his or her
   91  knowledge and belief.
   92         (3) Beginning in 2012, renewal of a license by a dentist or
   93  dental hygienist licensed under chapter 466, Florida Statutes,
   94  is not contingent upon the completion and submission of the
   95  dental workforce survey; however, for any subsequent license
   96  renewal, the board may not renew the license of any dentist or
   97  dental hygienist until the survey required under this section is
   98  completed and submitted by the licensee.
   99         (4)(a) Beginning in 2012, the Board of Dentistry shall
  100  issue a nondisciplinary citation to any dentist or dental
  101  hygienist licensed under chapter 466, Florida Statutes, who
  102  fails to complete the survey within 90 days after the renewal of
  103  his or her license to practice as a dentist or dental hygienist.
  104         (b) The citation must notify a dentist or dental hygienist
  105  who fails to complete the survey required by this section that
  106  his or her license will not be renewed for any subsequent
  107  license renewal unless the dentist or dental hygienist completes
  108  the survey.
  109         (c) In conjunction with issuing the license renewal notice
  110  required by s. 456.038, Florida Statutes, the board shall notify
  111  each dentist or dental hygienist licensed under chapter 466,
  112  Florida Statutes, who fails to complete the survey that the
  113  survey must be completed before the subsequent license renewal.
  114         Section 2. (1) The Department of Health shall serve as the
  115  coordinating body for the purpose of collecting and regularly
  116  updating and disseminating dental workforce data. The department
  117  shall work with multiple stakeholders, including the Florida
  118  Dental Association and the Florida Dental Hygiene Association,
  119  to assess and share with all communities of interest all data
  120  collected in a timely fashion.
  121         (2) The Department of Health shall maintain a current
  122  database to serve as a statewide source of data concerning the
  123  dental workforce. The department, in conjunction with the board,
  124  shall also:
  125         (a) Develop strategies to maximize federal and state
  126  programs that provide incentives for dentists to practice in
  127  shortage areas that are federally designated. Strategies shall
  128  include programs such as the Florida Health Services Corps
  129  established under s. 381.0302, Florida Statutes.
  130         (b) Work in conjunction with an advisory body to address
  131  matters relating to the state’s dental workforce. The advisory
  132  body shall provide input on developing questions for the dentist
  133  workforce survey. An advisory body shall include, but need not
  134  be limited to, the State Surgeon General or his or her designee,
  135  the dean of each dental school accredited in the United States
  136  and based in this state or his or her designee, a representative
  137  from the Florida Dental Association, a representative from the
  138  Florida Dental Hygiene Association, a representative from the
  139  Florida Board of Dentistry, and a dentist from each of the
  140  dental specialties recognized by the American Dental
  141  Association’s Commission on Dental Accreditation. Members of the
  142  advisory body shall serve without compensation.
  143         (c) Act as a clearinghouse for collecting and disseminating
  144  information concerning the dental workforce.
  145         (3) The Department of Health and the Board of Dentistry
  146  shall adopt rules necessary to administer this section.
  147         Section 3. It is the intent of the Legislature that the
  148  Department of Health and the Board of Dentistry implement the
  149  provisions of this act within existing resources.
  150         Section 4. Paragraph (t) of subsection (2) of section
  151  499.01, Florida Statutes, is amended to read:
  152         499.01 Permits.—
  153         (2) The following permits are established:
  154         (t) Health care clinic establishment permit.—Effective
  155  January 1, 2009, a health care clinic establishment permit is
  156  required for the purchase of a prescription drug by a place of
  157  business at one general physical location that provides health
  158  care or veterinary services, which is owned and operated by a
  159  business entity that has been issued a federal employer tax
  160  identification number. For the purpose of this paragraph, the
  161  term “qualifying practitioner” means a licensed health care
  162  practitioner defined in s. 456.001, or a veterinarian licensed
  163  under chapter 474, who is authorized under the appropriate
  164  practice act to prescribe and administer a prescription drug.
  165         1. An establishment must provide, as part of the
  166  application required under s. 499.012, designation of a
  167  qualifying practitioner who will be responsible for complying
  168  with all legal and regulatory requirements related to the
  169  purchase, recordkeeping, storage, and handling of the
  170  prescription drugs. In addition, the designated qualifying
  171  practitioner shall be the practitioner whose name, establishment
  172  address, and license number is used on all distribution
  173  documents for prescription drugs purchased or returned by the
  174  health care clinic establishment. Upon initial appointment of a
  175  qualifying practitioner, the qualifying practitioner and the
  176  health care clinic establishment shall notify the department on
  177  a form furnished by the department within 10 days after such
  178  employment. In addition, the qualifying practitioner and health
  179  care clinic establishment shall notify the department within 10
  180  days after any subsequent change.
  181         2. The health care clinic establishment must employ a
  182  qualifying practitioner at each establishment.
  183         3. In addition to the remedies and penalties provided in
  184  this part, a violation of this chapter by the health care clinic
  185  establishment or qualifying practitioner constitutes grounds for
  186  discipline of the qualifying practitioner by the appropriate
  187  regulatory board.
  188         4. The purchase of prescription drugs by the health care
  189  clinic establishment is prohibited during any period of time
  190  when the establishment does not comply with this paragraph.
  191         5. A health care clinic establishment permit is not a
  192  pharmacy permit or otherwise subject to chapter 465. A health
  193  care clinic establishment that meets the criteria of a modified
  194  Class II institutional pharmacy under s. 465.019 is not eligible
  195  to be permitted under this paragraph.
  196         6. This paragraph does not apply to the purchase of a
  197  prescription drug by a licensed practitioner under his or her
  198  license. A professional corporation or limited liability company
  199  composed of dentists and operating as authorized in s. 466.0285
  200  may pay for prescription drugs obtained by a practitioner
  201  licensed under chapter 466, and the licensed practitioner is
  202  deemed the purchaser and owner of the prescription drugs.
  203         Section 5. Paragraph (i) is added to subsection (3) of
  204  section 499.01212, Florida Statutes, to read:
  205         499.01212 Pedigree paper.—
  206         (3) EXCEPTIONS.—A pedigree paper is not required for:
  207         (i) The wholesale distribution of prescription drugs within
  208  a sealed medical convenience kit if:
  209         1. The medical convenience kit is assembled in an
  210  establishment that is registered with the United States Food and
  211  Drug Administration as a medical device manufacturer;
  212         2. The convenience kit manufacturer is an authorized
  213  distributor of record, as defined by 21 C.F.R. s. 203.3, for the
  214  manufacturer of the specific drugs contained within the kit; and
  215         3. The drugs contained in the medical convenience kit are
  216  intravenous products intended:
  217         a. For the replenishment of fluids and electrolytes;
  218         b. As anticoagulants;
  219         c. For the maintenance of the equilibrium of water and
  220  minerals in the body;
  221         d. For irrigation or reconstruction;
  222         e. For injection; or
  223         f. As topical anesthetics.
  224  
  225  This exemption does not apply to a convenience kit containing
  226  any controlled substance that appears in a schedule contained in
  227  or subject to chapter 893 or the federal Comprehensive Drug
  228  Abuse Prevention and Control Act of 1970.
  229         Section 6. Paragraph (a) of subsection (6) of section
  230  624.91, Florida Statutes, is amended to read:
  231         624.91 The Florida Healthy Kids Corporation Act.—
  232         (6) BOARD OF DIRECTORS.—
  233         (a) The Florida Healthy Kids Corporation shall operate
  234  subject to the supervision and approval of a board of directors
  235  chaired by the Chief Financial Officer or her or his designee,
  236  and composed of 12 11 other members selected for 3-year terms of
  237  office as follows:
  238         1. The Secretary of Health Care Administration, or his or
  239  her designee.
  240         2. One member appointed by the Commissioner of Education
  241  from the Office of School Health Programs of the Florida
  242  Department of Education.
  243         3. One member appointed by the Chief Financial Officer from
  244  among three members nominated by the Florida Pediatric Society.
  245         4. One member, appointed by the Governor, who represents
  246  the Children’s Medical Services Program.
  247         5. One member appointed by the Chief Financial Officer from
  248  among three members nominated by the Florida Hospital
  249  Association.
  250         6. One member, appointed by the Governor, who is an expert
  251  on child health policy.
  252         7. One member, appointed by the Chief Financial Officer,
  253  from among three members nominated by the Florida Academy of
  254  Family Physicians.
  255         8. One member, appointed by the Governor, who represents
  256  the state Medicaid program.
  257         9. One member, appointed by the Chief Financial Officer,
  258  from among three members nominated by the Florida Association of
  259  Counties.
  260         10. The State Health Officer or her or his designee.
  261         11. The Secretary of Children and Family Services, or his
  262  or her designee.
  263         12. One member, appointed by the Governor, from among three
  264  members nominated by the Florida Dental Association.
  265         Section 7. This act shall take effect July 1, 2010.