CS for CS for SB 970                             First Engrossed
       
       
       
       
       
       
       
       
       2010970e1
       
    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. 624.91, F.S.;
   29         revising the membership of the board of directors of
   30         the Florida Healthy Kids Corporation to include a
   31         member nominated by the Florida Dental Association and
   32         appointed by the Governor; providing an effective
   33         date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Dental workforce survey.—
   38         (1) Beginning in 2012, each person who applies for
   39  licensure renewal as a dentist or dental hygienist under chapter
   40  466, Florida Statutes, must, in conjunction with the renewal of
   41  such license under procedures and forms adopted by the Board of
   42  Dentistry and in addition to any other information that may be
   43  required from the applicant, furnish the following information
   44  to the Department of Health, working in conjunction with the
   45  board, in a dental workforce survey:
   46         (a) Licensee information, including, but not limited to:
   47         1. The name of the dental school or dental hygiene program
   48  that the dentist or dental hygienist graduated from and the year
   49  of graduation.
   50         2. The year that the dentist or dental hygienist began
   51  practicing or working in this state.
   52         3. The geographic location of the dentist’s or dental
   53  hygienist’s practice or address within the state.
   54         4. For a dentist in private practice:
   55         a. The number of full-time dental hygienists employed by
   56  the dentist during the reporting period.
   57         b. The number of full-time dental assistants employed by
   58  the dentist during the reporting period.
   59         c. The average number of patients treated per week by the
   60  dentist during the reporting period.
   61         d. The settings where the dental care was delivered.
   62         5. Anticipated plans of the dentist to change the status of
   63  his or her license or practice.
   64         6. The dentist’s areas of specialty or certification.
   65         7. The year that the dentist completed a specialty program
   66  recognized by the American Dental Association.
   67         8. For a hygienist:
   68         a. The average number of patients treated per week by the
   69  hygienist during the reporting period.
   70         b. The settings where the dental care was delivered.
   71         9. The dentist’s memberships in professional organizations.
   72         10. The number of pro bono hours provided by the dentist or
   73  dental hygienist during the last biennium.
   74         (b) Information concerning the availability and trends
   75  relating to critically needed services, including, but not
   76  limited to, the following types of care provided by the dentist
   77  or dental hygienist:
   78         1. Dental care to children having special needs.
   79         2. Geriatric dental care.
   80         3. Dental services in emergency departments.
   81         4. Medicaid services.
   82         5. Other critically needed specialty areas, as determined
   83  by the advisory body.
   84         (2) In addition to the completed survey, the dentist or
   85  dental hygienist must submit a statement that the information
   86  provided is true and accurate to the best of his or her
   87  knowledge and belief.
   88         (3) Beginning in 2012, renewal of a license by a dentist or
   89  dental hygienist licensed under chapter 466, Florida Statutes,
   90  is not contingent upon the completion and submission of the
   91  dental workforce survey; however, for any subsequent license
   92  renewal, the board may not renew the license of any dentist or
   93  dental hygienist until the survey required under this section is
   94  completed and submitted by the licensee.
   95         (4)(a) Beginning in 2012, the Board of Dentistry shall
   96  issue a nondisciplinary citation to any dentist or dental
   97  hygienist licensed under chapter 466, Florida Statutes, who
   98  fails to complete the survey within 90 days after the renewal of
   99  his or her license to practice as a dentist or dental hygienist.
  100         (b) The citation must notify a dentist or dental hygienist
  101  who fails to complete the survey required by this section that
  102  his or her license will not be renewed for any subsequent
  103  license renewal unless the dentist or dental hygienist completes
  104  the survey.
  105         (c) In conjunction with issuing the license renewal notice
  106  required by s. 456.038, Florida Statutes, the board shall notify
  107  each dentist or dental hygienist licensed under chapter 466,
  108  Florida Statutes, who fails to complete the survey that the
  109  survey must be completed before the subsequent license renewal.
  110         Section 2. (1) The Department of Health shall serve as the
  111  coordinating body for the purpose of collecting and regularly
  112  updating and disseminating dental workforce data. The department
  113  shall work with multiple stakeholders, including the Florida
  114  Dental Association and the Florida Dental Hygiene Association,
  115  to assess and share with all communities of interest all data
  116  collected in a timely fashion.
  117         (2) The Department of Health shall maintain a current
  118  database to serve as a statewide source of data concerning the
  119  dental workforce. The department, in conjunction with the board,
  120  shall also:
  121         (a) Develop strategies to maximize federal and state
  122  programs that provide incentives for dentists to practice in
  123  shortage areas that are federally designated. Strategies shall
  124  include programs such as the Florida Health Services Corps
  125  established under s. 381.0302, Florida Statutes.
  126         (b) Work in conjunction with an advisory body to address
  127  matters relating to the state’s dental workforce. The advisory
  128  body shall provide input on developing questions for the dentist
  129  workforce survey. An advisory body shall include, but need not
  130  be limited to, the State Surgeon General or his or her designee,
  131  the dean of each dental school accredited in the United States
  132  and based in this state or his or her designee, a representative
  133  from the Florida Dental Association, a representative from the
  134  Florida Dental Hygiene Association, a representative from the
  135  Florida Board of Dentistry, and a dentist from each of the
  136  dental specialties recognized by the American Dental
  137  Association’s Commission on Dental Accreditation. Members of the
  138  advisory body shall serve without compensation.
  139         (c) Act as a clearinghouse for collecting and disseminating
  140  information concerning the dental workforce.
  141         (3) The Department of Health and the Board of Dentistry
  142  shall adopt rules necessary to administer this section.
  143         Section 3. It is the intent of the Legislature that the
  144  Department of Health and the Board of Dentistry implement the
  145  provisions of this act within existing resources.
  146         Section 4. Paragraph (t) of subsection (2) of section
  147  499.01, Florida Statutes, is amended to read:
  148         499.01 Permits.—
  149         (2) The following permits are established:
  150         (t) Health care clinic establishment permit.—Effective
  151  January 1, 2009, a health care clinic establishment permit is
  152  required for the purchase of a prescription drug by a place of
  153  business at one general physical location that provides health
  154  care or veterinary services, which is owned and operated by a
  155  business entity that has been issued a federal employer tax
  156  identification number. For the purpose of this paragraph, the
  157  term “qualifying practitioner” means a licensed health care
  158  practitioner defined in s. 456.001, or a veterinarian licensed
  159  under chapter 474, who is authorized under the appropriate
  160  practice act to prescribe and administer a prescription drug.
  161         1. An establishment must provide, as part of the
  162  application required under s. 499.012, designation of a
  163  qualifying practitioner who will be responsible for complying
  164  with all legal and regulatory requirements related to the
  165  purchase, recordkeeping, storage, and handling of the
  166  prescription drugs. In addition, the designated qualifying
  167  practitioner shall be the practitioner whose name, establishment
  168  address, and license number is used on all distribution
  169  documents for prescription drugs purchased or returned by the
  170  health care clinic establishment. Upon initial appointment of a
  171  qualifying practitioner, the qualifying practitioner and the
  172  health care clinic establishment shall notify the department on
  173  a form furnished by the department within 10 days after such
  174  employment. In addition, the qualifying practitioner and health
  175  care clinic establishment shall notify the department within 10
  176  days after any subsequent change.
  177         2. The health care clinic establishment must employ a
  178  qualifying practitioner at each establishment.
  179         3. In addition to the remedies and penalties provided in
  180  this part, a violation of this chapter by the health care clinic
  181  establishment or qualifying practitioner constitutes grounds for
  182  discipline of the qualifying practitioner by the appropriate
  183  regulatory board.
  184         4. The purchase of prescription drugs by the health care
  185  clinic establishment is prohibited during any period of time
  186  when the establishment does not comply with this paragraph.
  187         5. A health care clinic establishment permit is not a
  188  pharmacy permit or otherwise subject to chapter 465. A health
  189  care clinic establishment that meets the criteria of a modified
  190  Class II institutional pharmacy under s. 465.019 is not eligible
  191  to be permitted under this paragraph.
  192         6. This paragraph does not apply to the purchase of a
  193  prescription drug by a licensed practitioner under his or her
  194  license. A professional corporation or limited liability company
  195  composed of dentists and operating as authorized in s. 466.0285
  196  may pay for prescription drugs obtained by a practitioner
  197  licensed under chapter 466, and the licensed practitioner is
  198  deemed the purchaser and owner of the prescription drugs.
  199         Section 5. Paragraph (a) of subsection (6) of section
  200  624.91, Florida Statutes, is amended to read:
  201         624.91 The Florida Healthy Kids Corporation Act.—
  202         (6) BOARD OF DIRECTORS.—
  203         (a) The Florida Healthy Kids Corporation shall operate
  204  subject to the supervision and approval of a board of directors
  205  chaired by the Chief Financial Officer or her or his designee,
  206  and composed of 12 11 other members selected for 3-year terms of
  207  office as follows:
  208         1. The Secretary of Health Care Administration, or his or
  209  her designee.
  210         2. One member appointed by the Commissioner of Education
  211  from the Office of School Health Programs of the Florida
  212  Department of Education.
  213         3. One member appointed by the Chief Financial Officer from
  214  among three members nominated by the Florida Pediatric Society.
  215         4. One member, appointed by the Governor, who represents
  216  the Children’s Medical Services Program.
  217         5. One member appointed by the Chief Financial Officer from
  218  among three members nominated by the Florida Hospital
  219  Association.
  220         6. One member, appointed by the Governor, who is an expert
  221  on child health policy.
  222         7. One member, appointed by the Chief Financial Officer,
  223  from among three members nominated by the Florida Academy of
  224  Family Physicians.
  225         8. One member, appointed by the Governor, who represents
  226  the state Medicaid program.
  227         9. One member, appointed by the Chief Financial Officer,
  228  from among three members nominated by the Florida Association of
  229  Counties.
  230         10. The State Health Officer or her or his designee.
  231         11. The Secretary of Children and Family Services, or his
  232  or her designee.
  233         12. One member, appointed by the Governor, from among three
  234  members nominated by the Florida Dental Association.
  235         Section 6. This act shall take effect July 1, 2010.