1 | The Health Care Regulation Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to dental charting; amending s. 466.023, |
7 | F.S.; expanding the scope and area of practice of dental |
8 | hygienists to include dental charting; creating s. |
9 | 466.0235, F.S.; providing for regulation of dental |
10 | charting; providing a definition; authorizing dental |
11 | hygienists to perform dental charting under certain |
12 | conditions; regulating the use and content of disclosure |
13 | and charting forms; requiring the Board of Dentistry to |
14 | approve disclosure and charting forms; limiting the |
15 | applicability of dental charting; providing restrictions |
16 | on periodontal probe use in dental charting; providing |
17 | restrictions on dental charting reimbursement, referrals |
18 | made in conjunction with the provision of dental charting |
19 | services, and the provision of dental charting by a dental |
20 | hygienist without supervision; providing an effective |
21 | date. |
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23 | Be It Enacted by the Legislature of the State of Florida: |
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25 | Section 1. Subsection (5) of section 466.023, Florida |
26 | Statutes, is renumbered as subsection (6) and a new subsection |
27 | (5) is added to that section to read: |
28 | 466.023 Dental hygienists; scope and area of practice.-- |
29 | (5) Dental hygienists may, without supervision, perform |
30 | dental charting as provided in s. 466.0235. |
31 | Section 2. Section 466.0235, Florida Statutes, is created |
32 | to read: |
33 | 466.0235 Dental charting.-- |
34 | (1) For purposes of this section, the term "dental |
35 | charting" means a recording of visual observations of clinical |
36 | conditions of the oral cavity without the use of X rays, |
37 | laboratory tests, or other diagnostic methods or equipment, |
38 | except the instruments necessary to record visual restorations, |
39 | missing teeth, suspicious areas, and periodontal pockets. |
40 | (2) A dental hygienist may, without supervision and within |
41 | the lawful scope of his or her duties as authorized by law, |
42 | perform dental charting of hard and soft tissues in public and |
43 | private educational institutions of the state and Federal |
44 | Government, nursing homes, assisted living and long-term care |
45 | facilities, community health centers, county health departments, |
46 | mobile dental or health units, and epidemiological surveys for |
47 | public health. A dental hygienist may also perform dental |
48 | charting on a volunteer basis at health fairs. |
49 | (3) Each person who receives a dental charting pursuant to |
50 | this section, or the parent or legal guardian of the person, |
51 | shall receive and acknowledge a written disclosure form before |
52 | receiving the dental charting procedure that states that the |
53 | purpose of the dental charting is to collect data for use by a |
54 | dentist at a prompt subsequent examination. The disclosure form |
55 | shall also emphasize that diagnosis of caries, soft tissue |
56 | disease, oral cancer, temporomandibular joint disease (TMJ), and |
57 | dentofacial malocclusions can only be completed by a dentist in |
58 | the context of delivering a comprehensive dental examination. |
59 | (4) The board shall approve the content of charting and |
60 | disclosure forms to be used under this section. Both forms shall |
61 | emphasize the inherent limitations of dental charting and |
62 | encourage complete examination by a dentist in rendering a |
63 | professional diagnosis of the patient's overall oral health |
64 | needs. |
65 | (5) Dental charting performed under this section is not a |
66 | substitute for a comprehensive dental examination. |
67 | (6) Medical clearance by a physician or dentist is |
68 | required before a periodontal probe may be used on a person who |
69 | receives a dental charting. |
70 | (7) Nothing in this section shall be construed to permit |
71 | direct reimbursement for dental charting performed under this |
72 | section by Medicaid, health insurers, health maintenance |
73 | organizations, prepaid dental plans, or other third-party payors |
74 | beyond what is otherwise allowable by law. |
75 | (8) All referrals made in conjunction with the provision |
76 | of dental charting services under this section shall be in |
77 | strict conformance with federal and state patient referral, |
78 | anti-kickback, and patient brokering laws. |
79 | (9) A dental hygienist performing dental charting without |
80 | supervision shall not be deemed to have created either a patient |
81 | of record or a medical record. |
82 | Section 3. This act shall take effect July 1, 2006. |