HB 855

1	A bill to be entitled
2	An act relating to dental laboratories; amending s.
3	466.021, F.S.; revising the services that a dentist may
4	use for constructing orthodontic or prosthetic appliances
5	to require that a dentist use the services of a registered
6	dental laboratory; amending s. 466.032, F.S.; requiring
7	that a dental laboratory employ a certified dental
8	technician by a specified date in order to register with
9	the Department of Health; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 466.021, Florida Statutes, is amended
14	to read:
15	466.021  Employment of registered dental laboratories
16	unlicensed persons by dentist; penalty.--Every duly licensed
17	dentist who uses the services of any registered dental
18	laboratory unlicensed person for the purpose of constructing,
19	altering, repairing, or duplicating any denture, partial
20	denture, bridge splint, or orthodontic or prosthetic appliance
21	shall be required to furnish the registered dental laboratory
22	such unlicensed person with a written work order in the such
23	form as prescribed by rule of the board. This form shall be
24	dated and signed by the such dentist, and shall include the
25	patient's name or number with sufficient descriptive information
26	to clearly identify the case for each separate and individual
27	piece of work, and shall also include the Florida registration
28	number of the dental laboratory performing the work. A copy of
29	the such work order shall be retained in a file in the dentist's
30	office for a period of 4 years, and the original work order
31	shall be retained in a file for a period of 4 years by the
32	registered dental laboratory such unlicensed person in her or
33	his place of business. The Such file of work orders to be kept
34	by the such dentist or by the registered dental laboratory such
35	unlicensed person shall be open to inspection at any reasonable
36	time by the department or its duly constituted agent. Failure of
37	the dentist to keep records of the such work orders shall
38	subject the dentist to suspension or revocation of her or his
39	license to practice dentistry. Failure of a registered dental
40	laboratory to have the original or electronic copy of the such
41	unlicensed person to have in her or his possession a work order
42	as required by this section is shall be admissible evidence of a
43	violation of this chapter and constitutes shall constitute a
44	misdemeanor of the second degree, punishable as provided in s.
45	775.082 or s. 775.083. This section does not preclude a
46	registered dental laboratory from working for another registered
47	dental laboratory if, provided that such work is performed
48	pursuant to written authorization, in a form to be prescribed by
49	rule of the board, which evidences that the originating
50	laboratory has obtained a valid work order and which sets forth
51	the work to be performed. This section does not preclude a
52	registered laboratory from providing its services to dentists
53	licensed and practicing in another state if, provided that such
54	work is requested or otherwise authorized in written form that
55	which clearly identifies the name and address of the requesting
56	dentist and which sets forth the work to be performed.
57	Section 2.  Section 466.032, Florida Statutes, is amended
58	to read:
59	466.032  Registration.--
60	(1)  Every person, firm, or corporation operating or
61	conducting business as a dental laboratory in this state shall
62	register biennially with the department on forms to be provided
63	by the department and, at the same time, pay to the department a
64	registration fee not to exceed $300 for which the department
65	shall issue a registration certificate entitling the holder to
66	operate a dental laboratory for a period of 2 years. Effective
67	July 1, 2009, a dental laboratory shall employ at least one
68	dental technician certified by the National Board for
69	Certification in Dental Laboratory Technology during the period
70	of its registration and shall submit the documentation with its
71	registration.
72	(2)  Upon the failure of any dental laboratory operator to
73	comply with subsection (1), the department shall notify her or
74	him by registered mail, within 1 month after the registration
75	renewal date, return receipt requested, at her or his last known
76	address, of the such failure and inform her or him of the
77	provisions of subsections (3) and (4).
78	(3)  Any dental laboratory operator who has not complied
79	with subsection (1) within 3 months after the registration
80	renewal date shall be required to pay a delinquency fee of $40
81	in addition to the regular registration fee.
82	(4)  The department is authorized to commence and maintain
83	proceedings to enjoin the operator of any dental laboratory who
84	has not complied with this section from operating or conducting
85	business as a dental laboratory in this state until she or he
86	has obtained a registration certificate and paid the required
87	fees.
88	Section 3.  This act shall take effect July 1, 2006.

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