Bill Text: FL S0970 | 2010 | Regular Session | Engrossed
Bill Title: Dentists/Dental Hygienists [SPSC]
Spectrum: Bipartisan Bill
Status: (Failed) 2010-04-30 - Died in Messages [S0970 Detail]
Download: Florida-2010-S0970-Engrossed.html
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 1211other 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.
