SB 1040                                          First Engrossed
       
       
       
       
       
       
       
       
       20121040e1
       
    1                        A bill to be entitled                      
    2         An act relating to the practice of dentistry; amending
    3         s. 466.006, F.S.; revising the eligibility
    4         requirements for taking the examinations required to
    5         practice dentistry if the applicant is a graduate of a
    6         certain dental college or school; amending s. 466.007,
    7         F.S.; revising the eligibility requirements for taking
    8         the examinations required to practice dental hygiene;
    9         revising the licensing requirements to practice as a
   10         dental hygienist; amending s. 466.017, F.S.;
   11         authorizing dental hygienists to administer certain
   12         local anesthesia under the direct supervision of a
   13         licensed dentist if certain educational requirements
   14         are met; requiring dental hygienists to maintain
   15         current certification in basic or advanced
   16         cardiopulmonary resuscitation or advanced cardiac life
   17         support with recertification every 2 years; amending
   18         s. 466.023, F.S.; revising the scope and area of
   19         practice for dental hygienists, to conform to changes
   20         made by this act; amending s. 466.024, F.S.; revising
   21         the delegated duties that are found to be remediable
   22         and delegable, to conform to changes made by this act;
   23         providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (3) of section 466.006, Florida
   28  Statutes, is amended to read:
   29         466.006 Examination of dentists.—
   30         (3) If an applicant is a graduate of a dental college or
   31  school not accredited in accordance with paragraph (2)(b) or of
   32  a dental college or school not approved by the board, the
   33  applicant is shall not be entitled to take the examinations
   34  required in this section to practice dentistry until she or he
   35  satisfies one of the following:
   36         (a) Completes a program of study, as defined by the board
   37  by rule, at an accredited American dental school and
   38  demonstrates receipt of a D.D.S. or D.M.D. from said school; or
   39         (b) Submits proof of having successfully completed at least
   40  2 consecutive academic years at a full-time supplemental general
   41  dentistry program accredited by the American Dental Association
   42  Commission on Dental Accreditation. This program must provide
   43  didactic and clinical education at the level of a D.D.S. or
   44  D.M.D. program accredited by the American Dental Association
   45  Commission on Dental Accreditation Completes a 2-year
   46  supplemental dental education program at an accredited dental
   47  school and receives a dental diploma, degree, or certificate as
   48  evidence of program completion.
   49         Section 2. Subsections (2) and (4) of section 466.007,
   50  Florida Statutes, are amended, and subsections (5) and (6) are
   51  added to that section, to read:
   52         466.007 Examination of dental hygienists.—
   53         (2) An applicant is shall be entitled to take the
   54  examinations required in this section to practice dental hygiene
   55  in this state if the applicant:
   56         (a) Is 18 years of age or older.
   57         (b)1. Is a graduate of a dental hygiene college or school
   58  approved by the board or accredited by the Commission on
   59  Accreditation of the American Dental Association or its
   60  successor entity, if any, or any other dental hygiene program
   61  accrediting entity recognized by the United States Department of
   62  Education agency; or
   63         2. Is a graduate of a dental college or school accredited
   64  in accordance with s. 466.006(2)(b), or a graduate of an
   65  unaccredited dental college or school, and has met the
   66  requirements of subsection (3).
   67         (c)1. In the case of a graduate of a dental hygiene college
   68  or school under subparagraph (2)(b)1.:
   69         a. Has successfully completed the National Board of Dental
   70  Hygiene examination at any time before the date of application
   71  within 10 years of the date of application;
   72         b. Has been certified by the American Dental Association
   73  Joint Commission on National Dental Examinations at any time
   74  before the date of application within 10 years of the date of
   75  application; and
   76         c. Effective January 1, 1997, has completed coursework that
   77  which is comparable to an associate in science degree;.
   78         d. Has not been disciplined by a board, except for citation
   79  offenses or minor violations; and
   80         e. Has not been convicted of or pled nolo contendere to,
   81  regardless of adjudication, any felony or misdemeanor related to
   82  the practice of a health care profession.
   83         2. In the case of a graduate of a dental college or school
   84  under subparagraph (2)(b)2., has successfully completed either
   85  the National Board of Dental Hygiene Examination or the National
   86  Board of Dental Examiners dental Examination, within 10 years of
   87  the date of application.
   88         (4) Effective July 1, 2012, to be licensed as a dental
   89  hygienist in this state, an applicant must successfully complete
   90  the following:
   91         (a) A written examination on the laws and rules of this
   92  state regulating the practice of dental hygiene.
   93         (b) A practical or clinical examination approved by the
   94  board. Effective July 1, 2012, and thereafter, the examination
   95  shall be the Dental Hygiene Examination produced by the American
   96  Board of Dental Examiners, Inc. (ADEX) or its successor entity,
   97  if any, if the board finds that the successor entity’s clinical
   98  examination meets or exceeds the provisions of this section. The
   99  board shall approve the ADEX Dental Hygiene Examination if the
  100  board has attained and continues to maintain representation on
  101  the ADEX House of Representatives, the ADEX Dental Hygiene
  102  Examination Development Committee, and such other ADEX Dental
  103  Hygiene committees as the board deems appropriate through
  104  rulemaking to ensure that the standards established in this
  105  section are maintained organizationally. The ADEX Dental Hygiene
  106  Examination or the examination produced by its successor entity
  107  is a comprehensive examination in which an applicant must
  108  demonstrate skills within the dental hygiene scope of practice
  109  on a live patient and any other components that the board deems
  110  necessary for the applicant to successfully demonstrate
  111  competency for purpose of licensure. The ADEX Dental Hygiene
  112  Examination or the examination by the successor entity
  113  administered in this state shall be graded by dentists and
  114  dental hygienists licensed in this state who are employed by the
  115  department for this purpose.
  116         (5) Effective July 1, 2012, an applicant who has completed
  117  the ADEX Dental Hygiene Examination in a jurisdiction other than
  118  this state and who has obtained a passing score may practice
  119  dental hygiene in this state if the applicant:
  120         (a) Has successfully completed the National Board Dental
  121  Hygiene Examination at any time before the date of application;
  122  and
  123         (b) Has been certified by the American Dental Association
  124  Joint Commission on National Dental Examinations at any time
  125  before the date of application, as specified by state law.
  126         (6)(a) A passing score on the ADEX Dental Hygiene
  127  Examination administered out of state shall be considered the
  128  same as a passing score for the ADEX Dental Hygiene Examination
  129  administered in this state and graded by licensed dentists and
  130  dental hygienists.
  131         (b) If an applicant fails to pass the ADEX Dental Hygiene
  132  Examination in three attempts, the applicant is not eligible to
  133  retake the examination unless the applicant completes additional
  134  education requirements as specified by the board. The practical
  135  or clinical examination shall test competency in areas to be
  136  established by rule of the board which shall include testing the
  137  ability to adequately perform a prophylaxis. On or after October
  138  1, 1986, every applicant who is otherwise qualified shall be
  139  eligible to take the examination a total of three times,
  140  notwithstanding the number of times the applicant has previously
  141  failed. If an applicant fails the examination three times, the
  142  applicant shall no longer be eligible to take the examination
  143  unless he or she obtains additional educational requirements
  144  established by the board. The department shall require a
  145  mandatory standardization exercise pursuant to s. 456.017(1)(b)
  146  for all examiners prior to each practical or clinical
  147  examination and shall retain for employment only those dentists
  148  and dental hygienists who have substantially adhered to the
  149  standard of grading established at such exercise. It is the
  150  intent of the Legislature that the examinations relate to those
  151  procedures which are actually performed by a dental hygienist in
  152  general practice.
  153         Section 3. Present subsection (4) of section 466.017,
  154  Florida Statutes, is amended, subsections (5) and (6) are
  155  renumbered as subsections (7) and (8), respectively, and new
  156  subsections (5) and (6) are added to that section, to read:
  157         466.017 Prescription of drugs; anesthesia.—
  158         (4) A dentist or dental hygienist who administers or
  159  employs the use of any form of anesthesia must possess a
  160  certification in either basic cardiopulmonary resuscitation for
  161  health professionals or advanced cardiac life support approved
  162  by the American Heart Association or the American Red Cross or
  163  an equivalent agency-sponsored course with recertification every
  164  2 years. Each dental office which uses any form of anesthesia
  165  must have immediately available and in good working order such
  166  resuscitative equipment, oxygen, and other resuscitative drugs
  167  as are specified by rule of the board in order to manage
  168  possible adverse reactions.
  169         (5) A dental hygienist under the direct supervision of a
  170  dentist may administer local anesthesia, including intraoral
  171  block anesthesia, soft tissue infiltration anesthesia, or both,
  172  to a nonsedated patient who is 18 years of age or older, if the
  173  following criteria are met:
  174         (a) The dental hygienist has successfully completed a
  175  course in the administration of local anesthesia which is
  176  offered by a dental or dental hygiene program accredited by the
  177  Commission on Dental Accreditation of the American Dental
  178  Association or approved by the board. The course must include a
  179  minimum of 30 hours of didactic instruction and 30 hours of
  180  clinical experience, and instruction in:
  181         1. Theory of pain control.
  182         2. Selection-of-pain-control modalities.
  183         3. Anatomy.
  184         4. Neurophysiology.
  185         5. Pharmacology of local anesthetics.
  186         6. Pharmacology of vasoconstrictors.
  187         7. Psychological aspects of pain control.
  188         8. Systematic complications.
  189         9. Techniques of maxillary anesthesia.
  190         10. Techniques of mandibular anesthesia.
  191         11. Infection control.
  192         12. Medical emergencies involving local anesthesia.
  193         (b) The dental hygienist presents evidence of current
  194  certification in basic or advanced cardiac life support.
  195         (c) The dental hygienist possesses a valid certificate
  196  issued under subsection (6).
  197         (6) Any dental hygienist seeking a certificate to
  198  administer local anesthesia must apply to the department, remit
  199  an application fee, and submit proof of successful completion of
  200  a course in the administration of local anesthesia pursuant to
  201  subsection (5). The board shall certify, and the department
  202  shall issue a certificate to, any dental hygienist who fulfills
  203  the qualifications of subsection (5). The board shall establish
  204  a one-time application fee not to exceed $35. The certificate is
  205  not subject to renewal but is part of the dental hygienist’s
  206  permanent record and must be prominently displayed at the
  207  location where the dental hygienist is authorized to administer
  208  local anesthesia. The board shall adopt rules necessary to
  209  administer subsection (5) and this subsection.
  210         Section 4. Subsection (7) is added to section 466.023,
  211  Florida Statutes, to read:
  212         466.023 Dental hygienists; scope and area of practice.—
  213         (7) A dental hygienist may administer local anesthesia as
  214  provided in ss. 466.017 and 466.024.
  215         Section 5. Subsection (1) of section 466.024, Florida
  216  Statutes, is amended to read:
  217         466.024 Delegation of duties; expanded functions.—
  218         (1) A dentist may not delegate irremediable tasks to a
  219  dental hygienist or dental assistant, except as provided by law.
  220  A dentist may delegate remediable tasks to a dental hygienist or
  221  dental assistant when such tasks pose no risk to the patient. A
  222  dentist may only delegate remediable tasks so defined by law or
  223  rule of the board. The board by rule shall designate which tasks
  224  are remediable and delegable, except that the following are by
  225  law found to be remediable and delegable:
  226         (a) Taking impressions for study casts but not for the
  227  purpose of fabricating any intraoral restorations or orthodontic
  228  appliance.
  229         (b) Placing periodontal dressings.
  230         (c) Removing periodontal or surgical dressings.
  231         (d) Removing sutures.
  232         (e) Placing or removing rubber dams.
  233         (f) Placing or removing matrices.
  234         (g) Placing or removing temporary restorations.
  235         (h) Applying cavity liners, varnishes, or bases.
  236         (i) Polishing amalgam restorations.
  237         (j) Polishing clinical crowns of the teeth for the purpose
  238  of removing stains but not changing the existing contour of the
  239  tooth.
  240         (k) Obtaining bacteriological cytological specimens not
  241  involving cutting of the tissue.
  242         (l) Administering local anesthesia pursuant to s.
  243  466.017(5).
  244  
  245  This subsection does not limit delegable tasks to those
  246  specified herein.
  247         Section 6. This act shall take effect upon becoming a law.