Senate Bill sb2178

    Florida Senate - 2006                                  SB 2178

    By Senator Atwater





    25-1393-06

  1                      A bill to be entitled

  2         An act relating to dental hygienists; creating

  3         s. 466.0241, F.S.; authorizing a dental

  4         hygienist to complete dental charting in

  5         certain public or private facilities; requiring

  6         a person who receives a dental charting to

  7         acknowledge a written disclosure; providing for

  8         the contents of the written disclosure;

  9         defining the term "dental charting"; requiring

10         the Board of Dentistry to approve the content

11         of the charting and disclosure forms; requiring

12         a medical clearance by a physician or dentist

13         when a certain dental instrument is used;

14         providing that the act does not authorize

15         direct reimbursement by certain insurers for

16         dental charting; requiring referrals to be in

17         conformance with state and federal laws;

18         providing that a dental hygienist who performs

19         dental charting does not create a patient of

20         record; providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Section 466.0241, Florida Statutes, is

25  created to read:

26         466.0241  Dental charting.--A dental hygienist may,

27  without supervision and within the lawful scope of his or her

28  duties as authorized by law, complete dental charting of hard

29  and soft tissues in public and private educational

30  institutions of the state and federal government, nursing

31  homes, assisted living and long-term care facilities,

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    Florida Senate - 2006                                  SB 2178
    25-1393-06




 1  community health centers, and mobile dental or health units.

 2  Dental charting may also be performed on a volunteer basis at

 3  health fairs. Each person, or the parent or legal guardian of

 4  that person, who receives a dental charting pursuant to this

 5  section must receive and acknowledge a written disclosure in

 6  advance of the charting which states that the purpose of the

 7  dental charting is to collect data for use by a dentist at a

 8  prompt subsequent examination. The disclosure form also must

 9  emphasize that diagnosis of caries, soft-tissue disease, oral

10  cancer, temporomandibular joint syndrome, and dento-facial

11  malocclusions can only be completed by a dentist in the

12  context of delivering a comprehensive dental examination. As

13  used in this section, the term "dental charting" means the

14  recording of visual observations of clinical conditions of the

15  oral cavity without the use of Xrays, laboratory tests, or

16  other diagnostic methods or equipment, except the instruments

17  necessary to record visual restorations, missing teeth,

18  suspicious areas, and periodontal pockets. The Board of

19  Dentistry shall approve the content of the charting and

20  disclosure forms to be used under this section. Both forms

21  must emphasize the inherent limitations of a dental charting

22  exercise, encourage complete examination by a dentist in

23  rendering a professional diagnosis of the patient's overall

24  oral health needs, and state that dental charting should not

25  be substituted for a comprehensive dental examination. Medical

26  clearance by a physician or dentist is required in those cases

27  when a periodontal probe is used. This section does not

28  authorize direct reimbursement for dental charting by

29  Medicaid, health insurers, health maintenance organizations,

30  prepaid dental plans, or other third-party payers beyond what

31  is otherwise allowed by law. Any referral made in conjunction

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    Florida Senate - 2006                                  SB 2178
    25-1393-06




 1  with providing dental charting services must comply with

 2  federal and state laws governing patient referral, kickbacks,

 3  and patient brokering. The performance of dental charting

 4  without supervision does not create a patient of record with

 5  respect to the dental hygienist performing the procedure.

 6         Section 2.  This act shall take effect July 1, 2006.

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 8            *****************************************

 9                          SENATE SUMMARY

10    Authorizes a dental hygienist to complete dental charting
      in certain public or private facilities. Requires a
11    person who receives a dental charting to acknowledge a
      written disclosure. Provides for the contents of the
12    written disclosure. Defines the term "dental charting."
      Requires the Board of Dentistry to approve the content of
13    the charting and disclosure forms. Requires a medical
      clearance by a physician or dentist when a dental
14    instrument is used. Provides that the act does not
      authorize direct reimbursement by certain insurers.
15    Requires referrals to be in conformance with certain
      laws. Provides that a dental hygienist that performs
16    dental charting does not create a patient of record.

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CODING: Words stricken are deletions; words underlined are additions.