CS/CS/HB 1319

1
A bill to be entitled
2An act relating to certificates and licenses for certain
3health care practitioners; amending s. 456.024, F.S.;
4providing for issuance of a temporary license to specified
5health care practitioners who are spouses of active duty
6members of the Armed Forces under certain circumstances;
7providing for criminal history checks; providing fees;
8providing for expiration of a temporary license; requiring
9a person who is issued a temporary license to be subject
10to certain general licensing requirements; providing that
11certain persons are ineligible for such license; providing
12for revocation of such license; requiring certain
13temporary licensees to practice under the indirect
14supervision of other licensees; amending ss. 458.315 and
15459.0076, F.S.; naming the temporary certificates issued
16to physicians who practice in areas of critical need after
17Rear Admiral LeRoy Collins, Jr.; amending s. 466.006,
18F.S.; providing legislative intent with respect to the use
19of the American Dental Licensure Examination developed by
20the American Board of Dental Examiners, Inc., in lieu of
21an independent state-developed practical or clinical exam,
22to measure an applicant's ability to practice the
23profession of dentistry; providing for examination fees
24and use thereof; providing that the American Dental
25Licensure Examination is not a national examination
26requiring certification by the Department of Health;
27revising criteria for applicants for licensure with
28respect to accreditation of dental school, location of
29dental school, period of validity of examination scores,
30time limitation on completion of examination after
31application, and the filing of specified reports by an
32applicant; eliminating provisions with respect to
33applicants who are graduates of a dental college or school
34not accredited or approved in accordance with the section;
35adopting the American Dental Licensure Exam as the
36clinical or practical licensure examination used for
37licensure as a dentist in this state, providing specified
38conditions are maintained; providing for period of
39validity of examination scores; requiring the Board of
40Dentistry to develop and adopt specified rules;
41authorizing applicants to submit American Dental Licensure
42Examination scores from a jurisdiction outside the state
43after a specified date; specifying period of validity of
44such examination scores; providing that authority to
45submit such examination scores does not apply
46retroactively; providing that such examination scores
47outside the period of validity be recognized as valid upon
48demonstration that the applicant has met specified
49additional standards; designating the practical
50examination and specifying minimum standards therefor;
51requiring applicants for licensure with American Dental
52Licensure Examination scores from a state other than this
53state to engage in the full-time practice of dentistry
54inside the geographic boundaries of this state within 1
55year of receiving such Florida licensure; providing
56legislative intent with respect thereto; providing a
57definition; providing legislative intent with respect to
58expiration and revocation of such licenses upon a finding
59that acceptable proof of full-time practice within the
60geographic boundaries of this state within 1 year after
61the initial issuance of the license was not received by
62the board; providing procedures and requirements with
63respect to determination of compliance; providing
64procedures, requirements, and prohibitions in the event of
65expiration and revocation; providing a penalty for using
66or attempting to use a license that has expired or been
67revoked; providing that the act does not apply
68retroactively; reenacting ss. 466.0065(1), 466.0067(2),
69(5), (9), and (12), 466.00671(1)(d), 466.007(2)(b) and
70(3), 466.009(1), and 466.011, F.S., relating to regional
71licensure examinations, application for health access
72dental license, renewal of the health access dental
73license, examination of dental hygienists, reexamination,
74and licensure, respectively, to incorporate the amendments
75made to s. 466.006, F.S., in references thereto; providing
76severability; providing effective dates.
77
78Be It Enacted by the Legislature of the State of Florida:
79
80     Section 1.  Subsection (3) is added to section 456.024,
81Florida Statutes, to read:
82     456.024  Members of Armed Forces in good standing with
83administrative boards or the department; spouses.-
84     (3)(a)  The board, or the department if there is no board,
85may issue a temporary professional license to the spouse of an
86active duty member of the Armed Forces of the United States who
87submits to the department:
88     1.  A completed application upon a form prepared and
89furnished by the department in accordance with the board's
90rules;
91     2.  The required application fee;
92     3.  Proof that the applicant is married to a member of the
93Armed Forces of the United States who is on active duty;
94     4.  Proof that the applicant holds a valid license for the
95profession issued by another state, the District of Columbia, or
96a possession or territory of the United States, and is not the
97subject of any disciplinary proceeding in any jurisdiction in
98which the applicant holds a license to practice a profession
99regulated by this chapter;
100     5.  Proof that the applicant's spouse is assigned to a duty
101station in this state pursuant to the member's official active
102duty military orders; and
103     6.  Proof that the applicant would otherwise be entitled to
104full licensure under the appropriate practice act, and is
105eligible to take the respective licensure examination as
106required in Florida.
107     (b)  The applicant must also submit to the Department of
108Law Enforcement a complete set of fingerprints. The Department
109of Law Enforcement shall conduct a statewide criminal history
110check and forward the fingerprints to the Federal Bureau of
111Investigation for a national criminal history check.
112     (c)  Each board, or the department if there is no board,
113shall review the results of the state and federal criminal
114history checks according to the level 2 screening standards in
115s. 435.04 when granting an exemption and when granting or
116denying the temporary license.
117     (d)  The applicant shall pay the cost of fingerprint
118processing. If the fingerprints are submitted through an
119authorized agency or vendor, the agency or vendor shall collect
120the required processing fees and remit the fees to the
121Department of Law Enforcement.
122     (e)  The department shall set an application fee, which may
123not exceed the cost of issuing the license.
124     (f)  A temporary license expires 12 months after the date
125of issuance and is not renewable.
126     (g)  An applicant for a temporary license under this
127subsection is subject to the requirements under s. 456.013(3)(a)
128and (c).
129     (h)  An applicant shall be deemed ineligible for a
130temporary license pursuant to this section if the applicant:
131     1.  Has been convicted of or pled nolo contendere to,
132regardless of adjudication, any felony or misdemeanor related to
133the practice of a health care profession;
134     2.  Has had a health care provider license revoked or
135suspended from another of the United States, the District of
136Colombia, or a United States Territory;
137     3.  Has been reported to the National Practitioner Data
138Bank, unless the applicant has successfully appealed to have his
139or her name removed from the data bank; or
140     4.  Has previously failed the Florida examination required
141to receive a license to practice the profession for which the
142applicant is seeking a license.
143     (i)  The board, or department if there is no board, may
144revoke a temporary license upon finding that the individual
145violated the profession's governing practice act.
146     (j)  An applicant who is issued a temporary professional
147license to practice as a dentist pursuant to this section must
148practice under the indirect supervision, as defined in s.
149466.003, of a dentist licensed pursuant to chapter 466.
150     Section 2.  Present subsections (1) through (4) of section
151458.315, Florida Statutes, are renumbered as subsections (2)
152through (5), respectively, and a new subsection (1) is added to
153that section, to read:
154     458.315  Temporary certificate for practice in areas of
155critical need.-
156     (1)  A certificate issued pursuant to this section may be
157cited as the "Rear Admiral LeRoy Collins, Jr., Temporary
158Certificate for Practice in Areas of Critical Need."
159     Section 3.  Present subsections (1) through (4) of section
160459.0076, Florida Statutes, are renumbered as subsections (2)
161through (5), respectively, and a new subsection (1) is added to
162that section, to read:
163     459.0076  Temporary certificate for practice in areas of
164critical need.-
165     (1)  A certificate issued pursuant to this section may be
166cited as the "Rear Admiral LeRoy Collins, Jr., Temporary
167Certificate for Practice in Areas of Critical Need."
168     Section 4.  Effective January 1, 2012, section 466.006,
169Florida Statutes, is amended to read:
170     466.006  Examination of dentists.-
171     (1)(a)  It is the intent of the Legislature to reduce the
172costs associated with an independent state-developed practical
173or clinical examination to measure an applicant's ability to
174practice the profession of dentistry and to use the American
175Dental Licensure Examination developed by the American Board of
176Dental Examiners, Inc., in lieu of an independent state-
177developed practical or clinical examination. The Legislature
178finds that the American Dental Licensure Examination, in both
179its structure and function, has been approved and validated by
180both the board and the Legislature as consistently meeting
181generally accepted testing standards and has been found, as it
182is currently organized and operating, to adequately and reliably
183measure an applicant's ability to practice the profession of
184dentistry.
185     (b)  Any person desiring to be licensed as a dentist shall
186apply to the department to take the licensure examinations and
187shall verify the information required on the application by
188oath. The application shall include two recent photographs.
189There shall be an application fee set by the board not to exceed
190$100 which shall be nonrefundable. There shall also be an
191examination fee set by the board, which shall not exceed $425
192plus the actual per applicant cost to the department for
193purchase of some or all portions of the examination from the
194American Board of Dental Examiners or its successor entity, if
195any, provided the board finds the successor entity's clinical
196examination complies with the provisions of this section. The
197examination fee Northeast Regional Board of Dental Examiners or
198a similar national organization, which may be refundable if the
199applicant is found ineligible to take the examinations. The
200American Dental Licensure Examination is not a national
201examination requiring certification by the department pursuant
202to s. 456.017(1)(a).
203     (2)  An applicant shall be entitled to take the
204examinations required in this section to practice dentistry in
205this state if the applicant:
206     (a)  Is 18 years of age or older.
207     (b)1.  Is a graduate of a dental school accredited by the
208American Dental Association Commission on Dental Accreditation
209Commission on Accreditation of the American Dental Association
210or its successor entity agency, if any, or any other dental
211nationally recognized accrediting entity recognized by the
212United States Department of Education agency; or
213     2.  Is a dental student in the final year of a program at
214such an accredited dental school located in this state who has
215completed all the coursework necessary to prepare the student to
216perform the clinical and diagnostic procedures required to pass
217the examinations. With respect to a dental student in the final
218year of a program at a dental school, a passing score on the
219examinations is valid for 365 180 days after the date the
220examinations were completed. A dental school student who takes
221the licensure examinations during the student's final year of an
222approved dental school must have graduated before being
223certified for licensure pursuant to s. 466.011.
224     (c)1.  Has successfully completed the National Board of
225Dental Examiners dental examination at any time prior to within
22610 years of the date of application; or
227     2.  Has an active health access dental license in this
228state; and
229     a.  The applicant has at least 5,000 hours within 4
230consecutive years of clinical practice experience providing
231direct patient care in a health access setting as defined in s.
232466.003(14); the applicant is a retired veteran dentist of any
233branch of the United States Armed Services who has practiced
234dentistry while on active duty and has at least 3,000 hours
235within 3 consecutive years of clinical practice experience
236providing direct patient care in a health access setting as
237defined in s. 466.003(14); or the applicant has provided a
238portion of his or her salaried time teaching health profession
239students in any public education setting, including, but not
240limited to, a community college, college, or university, and has
241at least 3,000 hours within 3 consecutive years of clinical
242practice experience providing direct patient care in a health
243access setting as defined in s. 466.003(14);
244     b.  The applicant has not been disciplined by the board,
245except for citation offenses or minor violations;
246     c.  The applicant has not:
247     (I)  Filed a report pursuant to s. 456.049 or s. 627.912;
248     (II)  Informed a patient or an individual identified
249pursuant to s. 765.401(1) about an adverse incident as required
250pursuant to s. 456.0575; or
251     (III)  Reported information related to a bankruptcy
252proceeding pursuant to s. 456.051(2); and
253     d.  The applicant has not been convicted of or pled nolo
254contendere to, regardless of adjudication, any felony or
255misdemeanor related to the practice of a health care profession.
256     (3)  If an applicant is a graduate of a dental college or
257school not accredited in accordance with paragraph (2)(b) or of
258a dental college or school not approved by the board, the
259applicant shall not be entitled to take the examinations
260required in this section to practice dentistry until she or he
261satisfies one of the following:
262     (a)  Completes a program of study, as defined by the board
263by rule, at an accredited American dental school and
264demonstrates receipt of a D.D.S. or D.M.D. from said school; or
265     (b)  Completes a 2-year supplemental dental education
266program at an accredited dental school and receives a dental
267diploma, degree, or certificate as evidence of program
268completion.
269     (3)(4)  Effective January 1, 2012, and notwithstanding any
270other provision of law in chapter 456 pertaining to the clinical
271dental licensure examination or national examinations s.
272456.017(1)(c), to be licensed as a dentist in this state, an
273applicant must successfully complete the following:
274     (a)  A written examination on the laws and rules of the
275state regulating the practice of dentistry;
276     (b)1.  A practical or clinical examination, which,
277effective January 1, 2012, and thereafter, shall be the American
278Dental Licensing Examination produced by the American Board of
279Dental Examiners, Inc., or its successor entity, if any, that is
280administered in this state and graded by dentists licensed in
281this state and employed by the department for just such purpose,
282provided that the board has attained, and continues to maintain
283thereafter, representation on the board of directors of the
284American Board of Dental Examiners, the examination development
285committee of the American Board of Dental Examiners, and such
286other committees of the American Board of Dental Examiners as
287the board deems appropriate by rule to assure that the standards
288established herein are maintained organizationally. A passing
289score on the American Dental Licensure Examination administered
290in this state and graded by Florida dentists is valid for 365
291days after the date the examination was successfully completed.
292The board shall develop and adopt rules that specify the general
293areas of competency to be covered by the examination, the
294relative weight to be assigned in rating each area tested, the
295score necessary to achieve a passing grade, the criteria by
296which examiners are to be selected, the grading criteria to be
297used by the examiner, and rules regarding the security and
298monitoring of the examination.
299     2.  As an alternative to subparagraph 1., an applicant may
300submit scores from an American Dental Licensure Examination
301previously administered in a jurisdiction other than this state,
302and such examination results shall be recognized as valid for
303the purpose of licensure in this state. A passing score on the
304American Dental Licensure Examination administered out-of-state
305shall be the same as the passing score for the American Dental
306Licensure Examination administered in this state and graded by
307dentists who are licensed in this state. The examination results
308are valid for 365 days after the date on which the examination
309was successfully completed. The applicant must complete the
310examination after January 1, 2012. This subparagraph may not be
311given retroactive application.
312     3.  If the date of an applicant's passing American Dental
313Licensure Examination scores from an examination previously
314administered in a jurisdiction other than this state is older
315than 365 days, then such scores shall nevertheless be recognized
316as valid for the purpose of licensure in this state, but only if
317the applicant demonstrates to the satisfaction of the board that
318all of the following additional standards have been met:
319     a.  The applicant completed the American Dental Licensure
320Examination after January 1, 2012. This sub-subparagraph may not
321be given retroactive application;
322     b.  The applicant graduated from a dental school accredited
323by the American Dental Association Commission on Dental
324Accreditation or its successor entity, if any, or any other
325dental accrediting organization recognized by the United States
326Department of Education, provided, however, that if the
327applicant did not graduate from such a dental school, then the
328applicant may submit proof of having successfully completed a  
329full-time supplemental general dentistry program accredited by
330the American Dental Association Commission on Dental
331Accreditation of at least 2 consecutive academic years at such
332accredited sponsoring institution. This program must provide
333didactic and clinical education to the level of a D.D.S. or
334D.M.D. program accredited by the American Dental Association
335Commission on Dental Accreditation;
336     c.  The applicant currently possesses a valid and active
337dental license in good standing, with no restriction, which has
338never been revoked, suspended, restricted, or otherwise
339disciplined, from another state or territory of the United
340States, the District of Columbia, or the Commonwealth of Puerto
341Rico;
342     d.  The applicant has never been reported to the National
343Practitioner Data Bank, the Healthcare Integrity and Protection
344Data Bank, or the American Association of Dental Boards
345Clearinghouse. This sub-subparagraph does not apply if the
346applicant successfully appealed to have his or her name removed
347from the data banks of these agencies;
348     e.(I)  In the 5 years immediately preceding the date of
349application for licensure in this state, the applicant must
350submit proof of being consecutively engaged in the full-time
351practice of dentistry in another state or territory of the
352United States, the District of Columbia, or the Commonwealth of
353Puerto Rico; or, in the alternative, if the applicant has been
354licensed in another state or territory of the United States, the
355District of Columbia, or the Commonwealth of Puerto Rico for
356less than 5 years, the applicant must submit proof of having
357been engaged in the full-time practice of dentistry since the
358date of his or her initial licensure.
359     (II)  As used in this section, "full time practice" is
360defined as a minimum of 1,200 hours per year for each and every
361year in the consecutive 5-year period or, where applicable, the
362period since initial licensure, and must include any combination
363of the following:
364     (A)  Active clinical practice of dentistry providing direct
365patient care.
366     (B)  Full-time practice as a faculty member employed by a
367dental or dental hygiene school approved by the board or
368accredited by the American Dental Association Commission on
369Dental Accreditation.
370     (C)  Full-time practice as a student at a postgraduate
371dental education program approved by the board or accredited by
372the American Dental Association Commission on Dental
373Accreditation.
374     (III)  The board shall develop rules to determine what type
375of proof of full-time practice is required and to recoup the
376cost to the board of verifying full-time practice under this
377section. Such proof must, at a minimum, be:
378     (A)  Admissible as evidence in an administrative
379proceeding;
380     (B)  Submitted in writing;
381     (C)  Submitted by the applicant under oath with penalties
382of perjury attached;
383     (D)  Further documented by an affidavit of someone
384unrelated to the applicant who is familiar with the applicant's
385practice and testifies with particularity that the applicant has
386been engaged in full-time practice; and
387     (E)  Specifically found by the board to be both credible
388and admissible.
389     (IV)  The board must make specific findings of fact and
390conclusions of law regarding the credibility and admissibility
391of proffered evidence and such findings and conclusions of law
392are final agency action under chapter 120. An affidavit of only
393the applicant is not acceptable proof regarding full-time
394practice unless it is further attested to by someone unrelated
395to the applicant who has personal knowledge of the applicant's
396practice. If the board deems it necessary to assess credibility
397or accuracy, the board may require the applicant or the
398applicant's witnesses to appear before the board and give oral
399testimony under oath.
400     f.  The applicant must submit documentation that he or she
401has completed, or will complete, prior to licensure in this
402state, continuing education equivalent to this state's
403requirements for the last full reporting biennium;
404     g.  The applicant must prove that he or she has never been
405convicted of, or pled nolo contendere to, regardless of
406adjudication, any felony or misdemeanor related to the practice
407of a health care profession in any jurisdiction;
408     h.  The applicant must successfully pass a written
409examination on the laws and rules of this state regulating the
410practice of dentistry and must successfully pass the computer-
411based diagnostic skills examination during the year preceding
412the date of the application; and
413     i.  The applicant must submit documentation that he or she  
414has successfully completed the National Board of Dental
415Examiners dental examination prior to the date of application.
416     (4)(a)  The practical examination required under subsection
417(3) shall be the American Dental Licensure Examination developed
418by the American Board of Dental Examiners, Inc., or its
419successor entity, if any, provided the board finds that the
420successor entity's clinical examination complies with the
421provisions of this section, and shall include, at a minimum:
422     1.  A comprehensive diagnostic skills examination covering
423the full scope of dentistry and an examination on applied
424clinical diagnosis and treatment planning in dentistry for
425dental candidates.
426     2.a.  Two restorations on a live patient or patients, and
427the board by rule shall determine the class of such
428restorations. and whether they shall be performed on mannequins,
429live patients, or both. At least one restoration shall be on a
430live patient;
431     3.b.  A demonstration of periodontal skills on a live
432patient;
433     4.c.  A demonstration of prosthetics and restorative skills
434in complete and partial dentures and crowns and bridges and the
435utilization of practical methods of evaluation, specifically
436including the evaluation by the candidate of completed
437laboratory products such as, but not limited to, crowns and
438inlays filled to prepared model teeth;
439     5.d.  A demonstration of restorative skills on a mannequin
440which requires the candidate to complete procedures performed in
441preparation for a cast restoration; and
442     6.e.  A demonstration of endodontic skills; and.
443     7.  A diagnostic skills examination demonstrating ability
444to diagnose conditions within the human oral cavity and its
445adjacent tissues and structures from photographs, slides,
446radiographs, or models pursuant to rules of the board. If an
447applicant fails to pass the diagnostic skills examination in
448three attempts, the applicant shall not be eligible for
449reexamination unless she or he completes additional educational
450requirements established by the board.
451     (b)2.  The department shall consult with the board in
452planning the times, places, physical facilities, training of
453personnel, and other arrangements concerning the administration
454of the examination. The board or a duly designated committee
455thereof shall approve the final plans for the administration of
456the examination.
457     (c)3.  If the applicant fails to pass the clinical
458examination in three attempts, the applicant shall not be
459eligible for reexamination unless she or he completes additional
460educational requirements established by the board; and
461     (c)  A diagnostic skills examination demonstrating ability
462to diagnose conditions within the human oral cavity and its
463adjacent tissues and structures from photographs, slides,
464radiographs, or models pursuant to rules of the board. If an
465applicant fails to pass the diagnostic skills examination in
466three attempts, the applicant shall not be eligible for
467reexamination unless she or he completes additional educational
468requirements established by the board.
469     (d)  The board may by rule provide for additional
470procedures which are to be tested, provided such procedures
471shall be common to the practice of general dentistry. The board
472by rule shall determine the passing grade for each procedure and
473the acceptable variation for examiners. No such rule shall apply
474retroactively.
475
476The department shall require a mandatory standardization
477exercise for all examiners prior to each practical or clinical
478examination and shall retain for employment only those dentists
479who have substantially adhered to the standard of grading
480established at such exercise.
481     (5)(a)  It is the finding of the Legislature that absent a
482threat to the health, safety, and welfare of the public, the
483relocation of applicants to practice dentistry within the
484geographic boundaries of this state, who are lawfully and
485currently practicing dentistry in another state or territory of
486the United States, the District of Columbia, or the Commonwealth
487of Puerto Rico, based on their scores from the American Dental
488Licensure Examination administered in a state other than this
489state, is substantially related to achieving the important state
490interest of improving access to dental care for underserved
491citizens of this state and furthering the economic development
492goals of the state. Therefore, in order to maintain valid active
493licensure in this state, all applicants for licensure who are
494relocating to this state based on scores from the American
495Dental Licensure Examination administered in a state other than
496this state, must actually engage in the full-time practice of
497dentistry inside the geographic boundaries of this state within
4981 year of receiving such licensure in this state. The
499Legislature finds that, if such applicants do not actually
500engage in the full-time practice of dentistry within the
501geographic boundaries of this state within 1 year of receiving
502such a license in this state, access to dental care for the
503public will not significantly increase, patients' continuity of
504care will not be attained, and the economic development goals of
505the state will not be significantly met.
506     (b)1.  As used in this section, "full time practice of
507dentistry within the geographic boundaries of this state within
5081 year" is defined as a minimum of 1,200 hours in the initial
509year of licensure, which must include any combination of the
510following:
511     a.  Active clinical practice of dentistry providing direct
512patient care within the geographic boundaries of this state.
513     b.  Full-time practice as a faculty member employed by a
514dental or dental hygiene school approved by the board or
515accredited by the American Dental Association Commission on
516Dental Accreditation and located within the geographic
517boundaries of this state.
518     c.  Full-time practice as a student at a postgraduate
519dental education program approved by the board or accredited by
520the American Dental Association Commission on Dental
521Accreditation and located within the geographic boundaries of
522this state.
523     2.  The board shall develop rules to determine what type of
524proof of full-time practice of dentistry within the geographic
525boundaries of this state for 1 year is required in order to
526maintain active licensure and shall develop rules to recoup the
527cost to the board of verifying maintenance of such full-time
528practice under this section. Such proof must, at a minimum:
529     a.  Be admissible as evidence in an administrative
530proceeding;
531     b.  Be submitted in writing;
532     c.  Be submitted by the applicant under oath with penalties
533of perjury attached;
534     d.  Be further documented by an affidavit of someone
535unrelated to the applicant who is familiar with the applicant's
536practice and testifies with particularity that the applicant has
537been engaged in full-time practice of dentistry within the
538geographic boundaries of this state within the last 365 days;
539and
540     e.  Include such additional proof as specifically found by
541the board to be both credible and admissible.
542     3.  The board must make specific findings of fact and
543conclusions of law regarding the credibility and admissibility
544of such additional proof as evidence, and such findings and
545conclusions of law are final agency action under chapter 120. An
546affidavit of only the applicant is not acceptable proof
547regarding full-time practice of dentistry within the geographic
548boundaries of this state within 1 year, unless it is further
549attested to by someone unrelated to the applicant who has
550personal knowledge of the applicant's practice within the last
551365 days. If the board deems it necessary to assess credibility
552or accuracy, the board may require the applicant or the
553applicant's witnesses to appear before the board and give oral
554testimony under oath.
555     (c)  It is the further intent of the Legislature that a
556license issued pursuant to paragraph (a) shall automatically
557expire and become null, void, revoked, and of no effect in the
558event the board finds that it did not receive acceptable proof
559of full-time practice within the geographic boundaries of this
560state within 1 year after the initial issuance of the license.
561The board shall make reasonable attempts within 30 days prior to
562the expiration and revocation of such a license to notify the
563licensee in writing at his or her last known address of the need
564for proof of full-time practice in order to continue licensure.
565If the board has not received a satisfactory response from the
566licensee within the 30-day period, the licensee must be served
567with actual or constructive notice of the pending expiration and
568revocation of licensure and be given 10 days in which to submit
569proof required in order to continue licensure. If the 10-day
570period expires and the board finds it has not received
571acceptable proof of full-time practice within the geographic
572boundaries of this state within 1 year after the initial
573issuance of the license, then the board must issue an
574administrative order finding that the license has expired and
575been revoked. It shall be a disciplinary violation, punishable
576according to s. 466.028, for a licensee under this section to
577fail to ensure that the board receives acceptable proof of full-
578time practice within the geographic boundaries of this state
579within 1 year after the initial issuance of such license. The
580penalty for such violation shall be revocation of licensure.
581Such an order may be appealed by the former licensee in
582accordance with the provisions of chapter 120. In the event of
583expiration and revocation, the licensee shall immediately cease
584and desist from practicing dentistry and shall immediately
585surrender to the board the wallet-size identification card and
586wall card. A person who uses or attempts to use a license issued
587pursuant to this section which has expired or been revoked
588commits unlicensed practice of dentistry, a felony of the third
589degree pursuant to s. 466.026(1)(b), punishable as provided in
590s. 775.082, s. 775.083, or s. 775.084.
591     Section 5.  Effective January 1, 2012, for the purpose of
592incorporating the amendment made by this act to section 466.006,
593Florida Statutes, in a reference thereto, subsection (1) of
594section 466.0065, Florida Statutes, is reenacted to read:
595     466.0065  Regional licensure examinations.-
596     (1)  It is the intent of the Legislature that schools of
597dentistry be allowed to offer regional licensure examinations to
598dental students who are in the final year of a program at an
599approved dental school for the sole purpose of facilitating the
600student's licensing in other jurisdictions. This section does
601not allow a person to be licensed as a dentist in this state
602without taking the examinations as set forth in s. 466.006, nor
603does this section mean that regional examinations administered
604under this section may be substituted for complying with testing
605requirements under s. 466.006.
606     Section 6.  Effective January 1, 2012, for the purpose of
607incorporating the amendment made by this act to section 466.006,
608Florida Statutes, in a reference thereto, subsections (2), (5),
609(9), and (12) of section 466.0067, Florida Statutes, are
610reenacted to read:
611     466.0067  Application for health access dental license.-The
612Legislature finds that there is an important state interest in
613attracting dentists to practice in underserved health access
614settings in this state and further, that allowing out-of-state
615dentists who meet certain criteria to practice in health access
616settings without the supervision of a dentist licensed in this
617state is substantially related to achieving this important state
618interest. Therefore, notwithstanding the requirements of s.
619466.006, the board shall grant a health access dental license to
620practice dentistry in this state in health access settings as
621defined in s. 466.003(14) to an applicant that:
622     (2)  Pays an application license fee for a health access
623dental license, laws-and-rule exam fee, and an initial licensure
624fee. The fees specified in this subsection may not differ from
625an applicant seeking licensure pursuant to s. 466.006;
626     (5)  Submits documentation that she or he has completed, or
627will obtain prior to licensure, continuing education equivalent
628to this state's requirement for dentists licensed under s.
629466.006 for the last full reporting biennium before applying for
630a health access dental license;
631     (9)  Has never failed the examination specified in s.
632466.006, unless the applicant was reexamined pursuant to s.
633466.006 and received a license to practice dentistry in this
634state;
635     (12)  Has passed an examination covering the laws and rules
636of the practice of dentistry in this state as described in s.
637466.006(4)(a).
638     Section 7.  Effective January 1, 2012, for the purpose of
639incorporating the amendment made by this act to section 466.006,
640Florida Statutes, in a reference thereto, paragraph (d) of
641subsection (1) of section 466.00671, Florida Statutes, is
642reenacted to read:
643     466.00671  Renewal of the health access dental license.-
644     (1)  A health access dental licensee shall apply for
645renewal each biennium. At the time of renewal, the licensee
646shall sign a statement that she or he has complied with all
647continuing education requirements of an active dentist licensee.
648The board shall renew a health access dental license for an
649applicant that:
650     (d)  Has not failed the examination specified in s. 466.006
651since initially receiving a health access dental license or
652since the last renewal; and
653     Section 8.  Effective January 1, 2012, for the purpose of
654incorporating the amendment made by this act to section 466.006,
655Florida Statutes, in a reference thereto, paragraph (b) of
656subsection (2) and subsection (3) of section 466.007, Florida
657Statutes, are reenacted to read:
658     466.007  Examination of dental hygienists.-
659     (2)  An applicant shall be entitled to take the
660examinations required in this section to practice dental hygiene
661in this state if the applicant:
662     (b)1.  Is a graduate of a dental hygiene college or school
663approved by the board or accredited by the Commission on
664Accreditation of the American Dental Association or its
665successor agency; or
666     2.  Is a graduate of a dental college or school accredited
667in accordance with s. 466.006(2)(b), or a graduate of an
668unaccredited dental college or school, and has met the
669requirements of subsection (3).
670     (3)  A graduate of a dental college or school shall be
671entitled to take the examinations required in this section to
672practice dental hygiene in this state if, in addition to the
673requirements specified in subsection (2), the graduate meets the
674following requirements:
675     (a)  Submits the following credentials for review by the
676board:
677     1.  Transcripts totaling 4 academic years of postsecondary
678dental education; and
679     2.  A dental school diploma which is comparable to a D.D.S.
680or D.M.D.
681
682Such credentials shall be submitted in a manner provided by rule
683of the board. The board shall approve those credentials which
684comply with this paragraph and with rules of the board adopted
685pursuant to this paragraph. The provisions of this paragraph
686notwithstanding, an applicant of a foreign dental college or
687school not accredited in accordance with s. 466.006(2)(b) who
688cannot produce the credentials required by this paragraph, as a
689result of political or other conditions in the country in which
690the applicant received his or her education, may seek the
691board's approval of his or her educational background by
692submitting, in lieu of the credentials required in this
693paragraph, such other reasonable and reliable evidence as may be
694set forth by board rule. The board shall not accept such other
695evidence until it has made a reasonable attempt to obtain the
696credentials required by this paragraph from the educational
697institutions the applicant is alleged to have attended, unless
698the board is otherwise satisfied that such credentials cannot be
699obtained.
700     (b)  Successfully completes one or more courses, of a scope
701and duration approved and defined by board rule, that meet the
702requirements of law for instructing health care providers on the
703human immunodeficiency virus and acquired immune deficiency
704syndrome. In addition, the board may require an applicant who
705graduated from a nonaccredited dental college or school to
706successfully complete additional coursework, only after failing
707the initial examination, as defined by board rule, at an
708educational institution approved by the board or accredited as
709provided in subparagraph (2)(b)1. A graduate of a foreign dental
710college or school not accredited in accordance with s.
711466.006(2)(b) may not take the coursework set forth in this
712paragraph until the board has approved the credentials required
713by paragraph (a).
714     Section 9.  Effective January 1, 2012, for the purpose of
715incorporating the amendment made by this act to section 466.006,
716Florida Statutes, in a reference thereto, subsection (1) of
717section 466.009, Florida Statutes, is reenacted to read:
718     466.009  Reexamination.-
719     (1)  The department shall permit any person who fails an
720examination which is required under s. 466.006 or s. 466.007 to
721retake the examination. If the examination to be retaken is a
722practical or clinical examination, the applicant shall pay a
723reexamination fee set by rule of the board in an amount not to
724exceed the original examination fee.
725     Section 10.  Effective January 1, 2012, for the purpose of
726incorporating the amendment made by this act to section 466.006,
727Florida Statutes, in a reference thereto, section 466.011,
728Florida Statutes, is reenacted to read:
729     466.011  Licensure.-The board shall certify for licensure
730by the department any applicant who satisfies the requirements
731of s. 466.006, s. 466.0067, or s. 466.007. The board may refuse
732to certify an applicant who has violated any of the provisions
733of s. 466.026 or s. 466.028.
734     Section 11.  If any provision of this act or its
735application to any person or circumstance is held invalid by a
736court of competent jurisdiction, the invalidity does not affect
737other provisions or applications of the act which can be given
738effect without the invalid provision or application, and to this
739end the provisions of this act are severable.
740     Section 12.  Except as otherwise specifically provided in
741this act, this act shall take effect July 1, 2011, and shall not
742apply retroactively.


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