| 1 | A bill to be entitled |
| 2 | An act relating to certificates and licenses for certain |
| 3 | health care practitioners; amending s. 456.024, F.S.; |
| 4 | providing for issuance of a temporary license to specified |
| 5 | health care practitioners who are spouses of active duty |
| 6 | members of the Armed Forces under certain circumstances; |
| 7 | providing for criminal history checks; providing fees; |
| 8 | providing for expiration of a temporary license; requiring |
| 9 | a person who is issued a temporary license to be subject |
| 10 | to certain general licensing requirements; providing that |
| 11 | certain persons are ineligible for such license; providing |
| 12 | for revocation of such license; requiring certain |
| 13 | temporary licensees to practice under the indirect |
| 14 | supervision of other licensees; amending ss. 458.315 and |
| 15 | 459.0076, F.S.; naming the temporary certificates issued |
| 16 | to physicians who practice in areas of critical need after |
| 17 | Rear Admiral LeRoy Collins, Jr.; amending s. 466.006, |
| 18 | F.S.; providing legislative intent with respect to the use |
| 19 | of the American Dental Licensure Examination developed by |
| 20 | the American Board of Dental Examiners, Inc., in lieu of |
| 21 | an independent state-developed practical or clinical exam, |
| 22 | to measure an applicant's ability to practice the |
| 23 | profession of dentistry; providing for examination fees |
| 24 | and use thereof; providing that the American Dental |
| 25 | Licensure Examination is not a national examination |
| 26 | requiring certification by the Department of Health; |
| 27 | revising criteria for applicants for licensure with |
| 28 | respect to accreditation of dental school, location of |
| 29 | dental school, period of validity of examination scores, |
| 30 | time limitation on completion of examination after |
| 31 | application, and the filing of specified reports by an |
| 32 | applicant; eliminating provisions with respect to |
| 33 | applicants who are graduates of a dental college or school |
| 34 | not accredited or approved in accordance with the section; |
| 35 | adopting the American Dental Licensure Exam as the |
| 36 | clinical or practical licensure examination used for |
| 37 | licensure as a dentist in this state, providing specified |
| 38 | conditions are maintained; providing for period of |
| 39 | validity of examination scores; requiring the Board of |
| 40 | Dentistry to develop and adopt specified rules; |
| 41 | authorizing applicants to submit American Dental Licensure |
| 42 | Examination scores from a jurisdiction outside the state |
| 43 | after a specified date; specifying period of validity of |
| 44 | such examination scores; providing that authority to |
| 45 | submit such examination scores does not apply |
| 46 | retroactively; providing that such examination scores |
| 47 | outside the period of validity be recognized as valid upon |
| 48 | demonstration that the applicant has met specified |
| 49 | additional standards; designating the practical |
| 50 | examination and specifying minimum standards therefor; |
| 51 | requiring applicants for licensure with American Dental |
| 52 | Licensure Examination scores from a state other than this |
| 53 | state to engage in the full-time practice of dentistry |
| 54 | inside the geographic boundaries of this state within 1 |
| 55 | year of receiving such Florida licensure; providing |
| 56 | legislative intent with respect thereto; providing a |
| 57 | definition; providing legislative intent with respect to |
| 58 | expiration and revocation of such licenses upon a finding |
| 59 | that acceptable proof of full-time practice within the |
| 60 | geographic boundaries of this state within 1 year after |
| 61 | the initial issuance of the license was not received by |
| 62 | the board; providing procedures and requirements with |
| 63 | respect to determination of compliance; providing |
| 64 | procedures, requirements, and prohibitions in the event of |
| 65 | expiration and revocation; providing a penalty for using |
| 66 | or attempting to use a license that has expired or been |
| 67 | revoked; providing that the act does not apply |
| 68 | retroactively; 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 |
| 71 | licensure examinations, application for health access |
| 72 | dental license, renewal of the health access dental |
| 73 | license, examination of dental hygienists, reexamination, |
| 74 | and licensure, respectively, to incorporate the amendments |
| 75 | made to s. 466.006, F.S., in references thereto; providing |
| 76 | severability; providing effective dates. |
| 77 |
|
| 78 | Be It Enacted by the Legislature of the State of Florida: |
| 79 |
|
| 80 | Section 1. Subsection (3) is added to section 456.024, |
| 81 | Florida Statutes, to read: |
| 82 | 456.024 Members of Armed Forces in good standing with |
| 83 | administrative boards or the department; spouses.- |
| 84 | (3)(a) The board, or the department if there is no board, |
| 85 | may issue a temporary professional license to the spouse of an |
| 86 | active duty member of the Armed Forces of the United States who |
| 87 | submits to the department: |
| 88 | 1. A completed application upon a form prepared and |
| 89 | furnished by the department in accordance with the board's |
| 90 | rules; |
| 91 | 2. The required application fee; |
| 92 | 3. Proof that the applicant is married to a member of the |
| 93 | Armed Forces of the United States who is on active duty; |
| 94 | 4. Proof that the applicant holds a valid license for the |
| 95 | profession issued by another state, the District of Columbia, or |
| 96 | a possession or territory of the United States, and is not the |
| 97 | subject of any disciplinary proceeding in any jurisdiction in |
| 98 | which the applicant holds a license to practice a profession |
| 99 | regulated by this chapter; |
| 100 | 5. Proof that the applicant's spouse is assigned to a duty |
| 101 | station in this state pursuant to the member's official active |
| 102 | duty military orders; and |
| 103 | 6. Proof that the applicant would otherwise be entitled to |
| 104 | full licensure under the appropriate practice act, and is |
| 105 | eligible to take the respective licensure examination as |
| 106 | required in Florida. |
| 107 | (b) The applicant must also submit to the Department of |
| 108 | Law Enforcement a complete set of fingerprints. The Department |
| 109 | of Law Enforcement shall conduct a statewide criminal history |
| 110 | check and forward the fingerprints to the Federal Bureau of |
| 111 | Investigation for a national criminal history check. |
| 112 | (c) Each board, or the department if there is no board, |
| 113 | shall review the results of the state and federal criminal |
| 114 | history checks according to the level 2 screening standards in |
| 115 | s. 435.04 when granting an exemption and when granting or |
| 116 | denying the temporary license. |
| 117 | (d) The applicant shall pay the cost of fingerprint |
| 118 | processing. If the fingerprints are submitted through an |
| 119 | authorized agency or vendor, the agency or vendor shall collect |
| 120 | the required processing fees and remit the fees to the |
| 121 | Department of Law Enforcement. |
| 122 | (e) The department shall set an application fee, which may |
| 123 | not exceed the cost of issuing the license. |
| 124 | (f) A temporary license expires 12 months after the date |
| 125 | of issuance and is not renewable. |
| 126 | (g) An applicant for a temporary license under this |
| 127 | subsection is subject to the requirements under s. 456.013(3)(a) |
| 128 | and (c). |
| 129 | (h) An applicant shall be deemed ineligible for a |
| 130 | temporary license pursuant to this section if the applicant: |
| 131 | 1. Has been convicted of or pled nolo contendere to, |
| 132 | regardless of adjudication, any felony or misdemeanor related to |
| 133 | the practice of a health care profession; |
| 134 | 2. Has had a health care provider license revoked or |
| 135 | suspended from another of the United States, the District of |
| 136 | Colombia, or a United States Territory; |
| 137 | 3. Has been reported to the National Practitioner Data |
| 138 | Bank, unless the applicant has successfully appealed to have his |
| 139 | or her name removed from the data bank; or |
| 140 | 4. Has previously failed the Florida examination required |
| 141 | to receive a license to practice the profession for which the |
| 142 | applicant is seeking a license. |
| 143 | (i) The board, or department if there is no board, may |
| 144 | revoke a temporary license upon finding that the individual |
| 145 | violated the profession's governing practice act. |
| 146 | (j) An applicant who is issued a temporary professional |
| 147 | license to practice as a dentist pursuant to this section must |
| 148 | practice under the indirect supervision, as defined in s. |
| 149 | 466.003, of a dentist licensed pursuant to chapter 466. |
| 150 | Section 2. Present subsections (1) through (4) of section |
| 151 | 458.315, Florida Statutes, are renumbered as subsections (2) |
| 152 | through (5), respectively, and a new subsection (1) is added to |
| 153 | that section, to read: |
| 154 | 458.315 Temporary certificate for practice in areas of |
| 155 | critical need.- |
| 156 | (1) A certificate issued pursuant to this section may be |
| 157 | cited as the "Rear Admiral LeRoy Collins, Jr., Temporary |
| 158 | Certificate for Practice in Areas of Critical Need." |
| 159 | Section 3. Present subsections (1) through (4) of section |
| 160 | 459.0076, Florida Statutes, are renumbered as subsections (2) |
| 161 | through (5), respectively, and a new subsection (1) is added to |
| 162 | that section, to read: |
| 163 | 459.0076 Temporary certificate for practice in areas of |
| 164 | critical need.- |
| 165 | (1) A certificate issued pursuant to this section may be |
| 166 | cited as the "Rear Admiral LeRoy Collins, Jr., Temporary |
| 167 | Certificate for Practice in Areas of Critical Need." |
| 168 | Section 4. Effective January 1, 2012, section 466.006, |
| 169 | Florida Statutes, is amended to read: |
| 170 | 466.006 Examination of dentists.- |
| 171 | (1)(a) It is the intent of the Legislature to reduce the |
| 172 | costs associated with an independent state-developed practical |
| 173 | or clinical examination to measure an applicant's ability to |
| 174 | practice the profession of dentistry and to use the American |
| 175 | Dental Licensure Examination developed by the American Board of |
| 176 | Dental Examiners, Inc., in lieu of an independent state- |
| 177 | developed practical or clinical examination. The Legislature |
| 178 | finds that the American Dental Licensure Examination, in both |
| 179 | its structure and function, has been approved and validated by |
| 180 | both the board and the Legislature as consistently meeting |
| 181 | generally accepted testing standards and has been found, as it |
| 182 | is currently organized and operating, to adequately and reliably |
| 183 | measure an applicant's ability to practice the profession of |
| 184 | dentistry. |
| 185 | (b) Any person desiring to be licensed as a dentist shall |
| 186 | apply to the department to take the licensure examinations and |
| 187 | shall verify the information required on the application by |
| 188 | oath. The application shall include two recent photographs. |
| 189 | There shall be an application fee set by the board not to exceed |
| 190 | $100 which shall be nonrefundable. There shall also be an |
| 191 | examination fee set by the board, which shall not exceed $425 |
| 192 | plus the actual per applicant cost to the department for |
| 193 | purchase of some or all portions of the examination from the |
| 194 | American Board of Dental Examiners or its successor entity, if |
| 195 | any, provided the board finds the successor entity's clinical |
| 196 | examination complies with the provisions of this section. The |
| 197 | examination fee Northeast Regional Board of Dental Examiners or |
| 198 | a similar national organization, which may be refundable if the |
| 199 | applicant is found ineligible to take the examinations. The |
| 200 | American Dental Licensure Examination is not a national |
| 201 | examination requiring certification by the department pursuant |
| 202 | to s. 456.017(1)(a). |
| 203 | (2) An applicant shall be entitled to take the |
| 204 | examinations required in this section to practice dentistry in |
| 205 | this 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 |
| 208 | American Dental Association Commission on Dental Accreditation |
| 209 | Commission on Accreditation of the American Dental Association |
| 210 | or its successor entity agency, if any, or any other dental |
| 211 | nationally recognized accrediting entity recognized by the |
| 212 | United States Department of Education agency; or |
| 213 | 2. Is a dental student in the final year of a program at |
| 214 | such an accredited dental school located in this state who has |
| 215 | completed all the coursework necessary to prepare the student to |
| 216 | perform the clinical and diagnostic procedures required to pass |
| 217 | the examinations. With respect to a dental student in the final |
| 218 | year of a program at a dental school, a passing score on the |
| 219 | examinations is valid for 365 180 days after the date the |
| 220 | examinations were completed. A dental school student who takes |
| 221 | the licensure examinations during the student's final year of an |
| 222 | approved dental school must have graduated before being |
| 223 | certified for licensure pursuant to s. 466.011. |
| 224 | (c)1. Has successfully completed the National Board of |
| 225 | Dental Examiners dental examination at any time prior to within |
| 226 | 10 years of the date of application; or |
| 227 | 2. Has an active health access dental license in this |
| 228 | state; and |
| 229 | a. The applicant has at least 5,000 hours within 4 |
| 230 | consecutive years of clinical practice experience providing |
| 231 | direct patient care in a health access setting as defined in s. |
| 232 | 466.003(14); the applicant is a retired veteran dentist of any |
| 233 | branch of the United States Armed Services who has practiced |
| 234 | dentistry while on active duty and has at least 3,000 hours |
| 235 | within 3 consecutive years of clinical practice experience |
| 236 | providing direct patient care in a health access setting as |
| 237 | defined in s. 466.003(14); or the applicant has provided a |
| 238 | portion of his or her salaried time teaching health profession |
| 239 | students in any public education setting, including, but not |
| 240 | limited to, a community college, college, or university, and has |
| 241 | at least 3,000 hours within 3 consecutive years of clinical |
| 242 | practice experience providing direct patient care in a health |
| 243 | access setting as defined in s. 466.003(14); |
| 244 | b. The applicant has not been disciplined by the board, |
| 245 | except 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 |
| 249 | pursuant to s. 765.401(1) about an adverse incident as required |
| 250 | pursuant to s. 456.0575; or |
| 251 | (III) Reported information related to a bankruptcy |
| 252 | proceeding pursuant to s. 456.051(2); and |
| 253 | d. The applicant has not been convicted of or pled nolo |
| 254 | contendere to, regardless of adjudication, any felony or |
| 255 | misdemeanor related to the practice of a health care profession. |
| 256 | (3) If an applicant is a graduate of a dental college or |
| 257 | school not accredited in accordance with paragraph (2)(b) or of |
| 258 | a dental college or school not approved by the board, the |
| 259 | applicant shall not be entitled to take the examinations |
| 260 | required in this section to practice dentistry until she or he |
| 261 | satisfies one of the following: |
| 262 | (a) Completes a program of study, as defined by the board |
| 263 | by rule, at an accredited American dental school and |
| 264 | demonstrates receipt of a D.D.S. or D.M.D. from said school; or |
| 265 | (b) Completes a 2-year supplemental dental education |
| 266 | program at an accredited dental school and receives a dental |
| 267 | diploma, degree, or certificate as evidence of program |
| 268 | completion. |
| 269 | (3)(4) Effective January 1, 2012, and notwithstanding any |
| 270 | other provision of law in chapter 456 pertaining to the clinical |
| 271 | dental licensure examination or national examinations s. |
| 272 | 456.017(1)(c), to be licensed as a dentist in this state, an |
| 273 | applicant must successfully complete the following: |
| 274 | (a) A written examination on the laws and rules of the |
| 275 | state regulating the practice of dentistry; |
| 276 | (b)1. A practical or clinical examination, which, |
| 277 | effective January 1, 2012, and thereafter, shall be the American |
| 278 | Dental Licensing Examination produced by the American Board of |
| 279 | Dental Examiners, Inc., or its successor entity, if any, that is |
| 280 | administered in this state and graded by dentists licensed in |
| 281 | this state and employed by the department for just such purpose, |
| 282 | provided that the board has attained, and continues to maintain |
| 283 | thereafter, representation on the board of directors of the |
| 284 | American Board of Dental Examiners, the examination development |
| 285 | committee of the American Board of Dental Examiners, and such |
| 286 | other committees of the American Board of Dental Examiners as |
| 287 | the board deems appropriate by rule to assure that the standards |
| 288 | established herein are maintained organizationally. A passing |
| 289 | score on the American Dental Licensure Examination administered |
| 290 | in this state and graded by Florida dentists is valid for 365 |
| 291 | days after the date the examination was successfully completed. |
| 292 | The board shall develop and adopt rules that specify the general |
| 293 | areas of competency to be covered by the examination, the |
| 294 | relative weight to be assigned in rating each area tested, the |
| 295 | score necessary to achieve a passing grade, the criteria by |
| 296 | which examiners are to be selected, the grading criteria to be |
| 297 | used by the examiner, and rules regarding the security and |
| 298 | monitoring of the examination. |
| 299 | 2. As an alternative to subparagraph 1., an applicant may |
| 300 | submit scores from an American Dental Licensure Examination |
| 301 | previously administered in a jurisdiction other than this state, |
| 302 | and such examination results shall be recognized as valid for |
| 303 | the purpose of licensure in this state. A passing score on the |
| 304 | American Dental Licensure Examination administered out-of-state |
| 305 | shall be the same as the passing score for the American Dental |
| 306 | Licensure Examination administered in this state and graded by |
| 307 | dentists who are licensed in this state. The examination results |
| 308 | are valid for 365 days after the date on which the examination |
| 309 | was successfully completed. The applicant must complete the |
| 310 | examination after January 1, 2012. This subparagraph may not be |
| 311 | given retroactive application. |
| 312 | 3. If the date of an applicant's passing American Dental |
| 313 | Licensure Examination scores from an examination previously |
| 314 | administered in a jurisdiction other than this state is older |
| 315 | than 365 days, then such scores shall nevertheless be recognized |
| 316 | as valid for the purpose of licensure in this state, but only if |
| 317 | the applicant demonstrates to the satisfaction of the board that |
| 318 | all of the following additional standards have been met: |
| 319 | a. The applicant completed the American Dental Licensure |
| 320 | Examination after January 1, 2012. This sub-subparagraph may not |
| 321 | be given retroactive application; |
| 322 | b. The applicant graduated from a dental school accredited |
| 323 | by the American Dental Association Commission on Dental |
| 324 | Accreditation or its successor entity, if any, or any other |
| 325 | dental accrediting organization recognized by the United States |
| 326 | Department of Education, provided, however, that if the |
| 327 | applicant did not graduate from such a dental school, then the |
| 328 | applicant may submit proof of having successfully completed a |
| 329 | full-time supplemental general dentistry program accredited by |
| 330 | the American Dental Association Commission on Dental |
| 331 | Accreditation of at least 2 consecutive academic years at such |
| 332 | accredited sponsoring institution. This program must provide |
| 333 | didactic and clinical education to the level of a D.D.S. or |
| 334 | D.M.D. program accredited by the American Dental Association |
| 335 | Commission on Dental Accreditation; |
| 336 | c. The applicant currently possesses a valid and active |
| 337 | dental license in good standing, with no restriction, which has |
| 338 | never been revoked, suspended, restricted, or otherwise |
| 339 | disciplined, from another state or territory of the United |
| 340 | States, the District of Columbia, or the Commonwealth of Puerto |
| 341 | Rico; |
| 342 | d. The applicant has never been reported to the National |
| 343 | Practitioner Data Bank, the Healthcare Integrity and Protection |
| 344 | Data Bank, or the American Association of Dental Boards |
| 345 | Clearinghouse. This sub-subparagraph does not apply if the |
| 346 | applicant successfully appealed to have his or her name removed |
| 347 | from the data banks of these agencies; |
| 348 | e.(I) In the 5 years immediately preceding the date of |
| 349 | application for licensure in this state, the applicant must |
| 350 | submit proof of being consecutively engaged in the full-time |
| 351 | practice of dentistry in another state or territory of the |
| 352 | United States, the District of Columbia, or the Commonwealth of |
| 353 | Puerto Rico; or, in the alternative, if the applicant has been |
| 354 | licensed in another state or territory of the United States, the |
| 355 | District of Columbia, or the Commonwealth of Puerto Rico for |
| 356 | less than 5 years, the applicant must submit proof of having |
| 357 | been engaged in the full-time practice of dentistry since the |
| 358 | date of his or her initial licensure. |
| 359 | (II) As used in this section, "full time practice" is |
| 360 | defined as a minimum of 1,200 hours per year for each and every |
| 361 | year in the consecutive 5-year period or, where applicable, the |
| 362 | period since initial licensure, and must include any combination |
| 363 | of the following: |
| 364 | (A) Active clinical practice of dentistry providing direct |
| 365 | patient care. |
| 366 | (B) Full-time practice as a faculty member employed by a |
| 367 | dental or dental hygiene school approved by the board or |
| 368 | accredited by the American Dental Association Commission on |
| 369 | Dental Accreditation. |
| 370 | (C) Full-time practice as a student at a postgraduate |
| 371 | dental education program approved by the board or accredited by |
| 372 | the American Dental Association Commission on Dental |
| 373 | Accreditation. |
| 374 | (III) The board shall develop rules to determine what type |
| 375 | of proof of full-time practice is required and to recoup the |
| 376 | cost to the board of verifying full-time practice under this |
| 377 | section. Such proof must, at a minimum, be: |
| 378 | (A) Admissible as evidence in an administrative |
| 379 | proceeding; |
| 380 | (B) Submitted in writing; |
| 381 | (C) Submitted by the applicant under oath with penalties |
| 382 | of perjury attached; |
| 383 | (D) Further documented by an affidavit of someone |
| 384 | unrelated to the applicant who is familiar with the applicant's |
| 385 | practice and testifies with particularity that the applicant has |
| 386 | been engaged in full-time practice; and |
| 387 | (E) Specifically found by the board to be both credible |
| 388 | and admissible. |
| 389 | (IV) The board must make specific findings of fact and |
| 390 | conclusions of law regarding the credibility and admissibility |
| 391 | of proffered evidence and such findings and conclusions of law |
| 392 | are final agency action under chapter 120. An affidavit of only |
| 393 | the applicant is not acceptable proof regarding full-time |
| 394 | practice unless it is further attested to by someone unrelated |
| 395 | to the applicant who has personal knowledge of the applicant's |
| 396 | practice. If the board deems it necessary to assess credibility |
| 397 | or accuracy, the board may require the applicant or the |
| 398 | applicant's witnesses to appear before the board and give oral |
| 399 | testimony under oath. |
| 400 | f. The applicant must submit documentation that he or she |
| 401 | has completed, or will complete, prior to licensure in this |
| 402 | state, continuing education equivalent to this state's |
| 403 | requirements for the last full reporting biennium; |
| 404 | g. The applicant must prove that he or she has never been |
| 405 | convicted of, or pled nolo contendere to, regardless of |
| 406 | adjudication, any felony or misdemeanor related to the practice |
| 407 | of a health care profession in any jurisdiction; |
| 408 | h. The applicant must successfully pass a written |
| 409 | examination on the laws and rules of this state regulating the |
| 410 | practice of dentistry and must successfully pass the computer- |
| 411 | based diagnostic skills examination during the year preceding |
| 412 | the date of the application; and |
| 413 | i. The applicant must submit documentation that he or she |
| 414 | has successfully completed the National Board of Dental |
| 415 | Examiners 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 |
| 418 | by the American Board of Dental Examiners, Inc., or its |
| 419 | successor entity, if any, provided the board finds that the |
| 420 | successor entity's clinical examination complies with the |
| 421 | provisions of this section, and shall include, at a minimum: |
| 422 | 1. A comprehensive diagnostic skills examination covering |
| 423 | the full scope of dentistry and an examination on applied |
| 424 | clinical diagnosis and treatment planning in dentistry for |
| 425 | dental candidates. |
| 426 | 2.a. Two restorations on a live patient or patients, and |
| 427 | the board by rule shall determine the class of such |
| 428 | restorations. and whether they shall be performed on mannequins, |
| 429 | live patients, or both. At least one restoration shall be on a |
| 430 | live patient; |
| 431 | 3.b. A demonstration of periodontal skills on a live |
| 432 | patient; |
| 433 | 4.c. A demonstration of prosthetics and restorative skills |
| 434 | in complete and partial dentures and crowns and bridges and the |
| 435 | utilization of practical methods of evaluation, specifically |
| 436 | including the evaluation by the candidate of completed |
| 437 | laboratory products such as, but not limited to, crowns and |
| 438 | inlays filled to prepared model teeth; |
| 439 | 5.d. A demonstration of restorative skills on a mannequin |
| 440 | which requires the candidate to complete procedures performed in |
| 441 | preparation for a cast restoration; and |
| 442 | 6.e. A demonstration of endodontic skills; and. |
| 443 | 7. A diagnostic skills examination demonstrating ability |
| 444 | to diagnose conditions within the human oral cavity and its |
| 445 | adjacent tissues and structures from photographs, slides, |
| 446 | radiographs, or models pursuant to rules of the board. If an |
| 447 | applicant fails to pass the diagnostic skills examination in |
| 448 | three attempts, the applicant shall not be eligible for |
| 449 | reexamination unless she or he completes additional educational |
| 450 | requirements established by the board. |
| 451 | (b)2. The department shall consult with the board in |
| 452 | planning the times, places, physical facilities, training of |
| 453 | personnel, and other arrangements concerning the administration |
| 454 | of the examination. The board or a duly designated committee |
| 455 | thereof shall approve the final plans for the administration of |
| 456 | the examination. |
| 457 | (c)3. If the applicant fails to pass the clinical |
| 458 | examination in three attempts, the applicant shall not be |
| 459 | eligible for reexamination unless she or he completes additional |
| 460 | educational requirements established by the board; and |
| 461 | (c) A diagnostic skills examination demonstrating ability |
| 462 | to diagnose conditions within the human oral cavity and its |
| 463 | adjacent tissues and structures from photographs, slides, |
| 464 | radiographs, or models pursuant to rules of the board. If an |
| 465 | applicant fails to pass the diagnostic skills examination in |
| 466 | three attempts, the applicant shall not be eligible for |
| 467 | reexamination unless she or he completes additional educational |
| 468 | requirements established by the board. |
| 469 | (d) The board may by rule provide for additional |
| 470 | procedures which are to be tested, provided such procedures |
| 471 | shall be common to the practice of general dentistry. The board |
| 472 | by rule shall determine the passing grade for each procedure and |
| 473 | the acceptable variation for examiners. No such rule shall apply |
| 474 | retroactively. |
| 475 |
|
| 476 | The department shall require a mandatory standardization |
| 477 | exercise for all examiners prior to each practical or clinical |
| 478 | examination and shall retain for employment only those dentists |
| 479 | who have substantially adhered to the standard of grading |
| 480 | established at such exercise. |
| 481 | (5)(a) It is the finding of the Legislature that absent a |
| 482 | threat to the health, safety, and welfare of the public, the |
| 483 | relocation of applicants to practice dentistry within the |
| 484 | geographic boundaries of this state, who are lawfully and |
| 485 | currently practicing dentistry in another state or territory of |
| 486 | the United States, the District of Columbia, or the Commonwealth |
| 487 | of Puerto Rico, based on their scores from the American Dental |
| 488 | Licensure Examination administered in a state other than this |
| 489 | state, is substantially related to achieving the important state |
| 490 | interest of improving access to dental care for underserved |
| 491 | citizens of this state and furthering the economic development |
| 492 | goals of the state. Therefore, in order to maintain valid active |
| 493 | licensure in this state, all applicants for licensure who are |
| 494 | relocating to this state based on scores from the American |
| 495 | Dental Licensure Examination administered in a state other than |
| 496 | this state, must actually engage in the full-time practice of |
| 497 | dentistry inside the geographic boundaries of this state within |
| 498 | 1 year of receiving such licensure in this state. The |
| 499 | Legislature finds that, if such applicants do not actually |
| 500 | engage in the full-time practice of dentistry within the |
| 501 | geographic boundaries of this state within 1 year of receiving |
| 502 | such a license in this state, access to dental care for the |
| 503 | public will not significantly increase, patients' continuity of |
| 504 | care will not be attained, and the economic development goals of |
| 505 | the state will not be significantly met. |
| 506 | (b)1. As used in this section, "full time practice of |
| 507 | dentistry within the geographic boundaries of this state within |
| 508 | 1 year" is defined as a minimum of 1,200 hours in the initial |
| 509 | year of licensure, which must include any combination of the |
| 510 | following: |
| 511 | a. Active clinical practice of dentistry providing direct |
| 512 | patient care within the geographic boundaries of this state. |
| 513 | b. Full-time practice as a faculty member employed by a |
| 514 | dental or dental hygiene school approved by the board or |
| 515 | accredited by the American Dental Association Commission on |
| 516 | Dental Accreditation and located within the geographic |
| 517 | boundaries of this state. |
| 518 | c. Full-time practice as a student at a postgraduate |
| 519 | dental education program approved by the board or accredited by |
| 520 | the American Dental Association Commission on Dental |
| 521 | Accreditation and located within the geographic boundaries of |
| 522 | this state. |
| 523 | 2. The board shall develop rules to determine what type of |
| 524 | proof of full-time practice of dentistry within the geographic |
| 525 | boundaries of this state for 1 year is required in order to |
| 526 | maintain active licensure and shall develop rules to recoup the |
| 527 | cost to the board of verifying maintenance of such full-time |
| 528 | practice under this section. Such proof must, at a minimum: |
| 529 | a. Be admissible as evidence in an administrative |
| 530 | proceeding; |
| 531 | b. Be submitted in writing; |
| 532 | c. Be submitted by the applicant under oath with penalties |
| 533 | of perjury attached; |
| 534 | d. Be further documented by an affidavit of someone |
| 535 | unrelated to the applicant who is familiar with the applicant's |
| 536 | practice and testifies with particularity that the applicant has |
| 537 | been engaged in full-time practice of dentistry within the |
| 538 | geographic boundaries of this state within the last 365 days; |
| 539 | and |
| 540 | e. Include such additional proof as specifically found by |
| 541 | the board to be both credible and admissible. |
| 542 | 3. The board must make specific findings of fact and |
| 543 | conclusions of law regarding the credibility and admissibility |
| 544 | of such additional proof as evidence, and such findings and |
| 545 | conclusions of law are final agency action under chapter 120. An |
| 546 | affidavit of only the applicant is not acceptable proof |
| 547 | regarding full-time practice of dentistry within the geographic |
| 548 | boundaries of this state within 1 year, unless it is further |
| 549 | attested to by someone unrelated to the applicant who has |
| 550 | personal knowledge of the applicant's practice within the last |
| 551 | 365 days. If the board deems it necessary to assess credibility |
| 552 | or accuracy, the board may require the applicant or the |
| 553 | applicant's witnesses to appear before the board and give oral |
| 554 | testimony under oath. |
| 555 | (c) It is the further intent of the Legislature that a |
| 556 | license issued pursuant to paragraph (a) shall automatically |
| 557 | expire and become null, void, revoked, and of no effect in the |
| 558 | event the board finds that it did not receive acceptable proof |
| 559 | of full-time practice within the geographic boundaries of this |
| 560 | state within 1 year after the initial issuance of the license. |
| 561 | The board shall make reasonable attempts within 30 days prior to |
| 562 | the expiration and revocation of such a license to notify the |
| 563 | licensee in writing at his or her last known address of the need |
| 564 | for proof of full-time practice in order to continue licensure. |
| 565 | If the board has not received a satisfactory response from the |
| 566 | licensee within the 30-day period, the licensee must be served |
| 567 | with actual or constructive notice of the pending expiration and |
| 568 | revocation of licensure and be given 10 days in which to submit |
| 569 | proof required in order to continue licensure. If the 10-day |
| 570 | period expires and the board finds it has not received |
| 571 | acceptable proof of full-time practice within the geographic |
| 572 | boundaries of this state within 1 year after the initial |
| 573 | issuance of the license, then the board must issue an |
| 574 | administrative order finding that the license has expired and |
| 575 | been revoked. It shall be a disciplinary violation, punishable |
| 576 | according to s. 466.028, for a licensee under this section to |
| 577 | fail to ensure that the board receives acceptable proof of full- |
| 578 | time practice within the geographic boundaries of this state |
| 579 | within 1 year after the initial issuance of such license. The |
| 580 | penalty for such violation shall be revocation of licensure. |
| 581 | Such an order may be appealed by the former licensee in |
| 582 | accordance with the provisions of chapter 120. In the event of |
| 583 | expiration and revocation, the licensee shall immediately cease |
| 584 | and desist from practicing dentistry and shall immediately |
| 585 | surrender to the board the wallet-size identification card and |
| 586 | wall card. A person who uses or attempts to use a license issued |
| 587 | pursuant to this section which has expired or been revoked |
| 588 | commits unlicensed practice of dentistry, a felony of the third |
| 589 | degree pursuant to s. 466.026(1)(b), punishable as provided in |
| 590 | s. 775.082, s. 775.083, or s. 775.084. |
| 591 | Section 5. Effective January 1, 2012, for the purpose of |
| 592 | incorporating the amendment made by this act to section 466.006, |
| 593 | Florida Statutes, in a reference thereto, subsection (1) of |
| 594 | section 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 |
| 597 | dentistry be allowed to offer regional licensure examinations to |
| 598 | dental students who are in the final year of a program at an |
| 599 | approved dental school for the sole purpose of facilitating the |
| 600 | student's licensing in other jurisdictions. This section does |
| 601 | not allow a person to be licensed as a dentist in this state |
| 602 | without taking the examinations as set forth in s. 466.006, nor |
| 603 | does this section mean that regional examinations administered |
| 604 | under this section may be substituted for complying with testing |
| 605 | requirements under s. 466.006. |
| 606 | Section 6. Effective January 1, 2012, for the purpose of |
| 607 | incorporating the amendment made by this act to section 466.006, |
| 608 | Florida Statutes, in a reference thereto, subsections (2), (5), |
| 609 | (9), and (12) of section 466.0067, Florida Statutes, are |
| 610 | reenacted to read: |
| 611 | 466.0067 Application for health access dental license.-The |
| 612 | Legislature finds that there is an important state interest in |
| 613 | attracting dentists to practice in underserved health access |
| 614 | settings in this state and further, that allowing out-of-state |
| 615 | dentists who meet certain criteria to practice in health access |
| 616 | settings without the supervision of a dentist licensed in this |
| 617 | state is substantially related to achieving this important state |
| 618 | interest. Therefore, notwithstanding the requirements of s. |
| 619 | 466.006, the board shall grant a health access dental license to |
| 620 | practice dentistry in this state in health access settings as |
| 621 | defined in s. 466.003(14) to an applicant that: |
| 622 | (2) Pays an application license fee for a health access |
| 623 | dental license, laws-and-rule exam fee, and an initial licensure |
| 624 | fee. The fees specified in this subsection may not differ from |
| 625 | an applicant seeking licensure pursuant to s. 466.006; |
| 626 | (5) Submits documentation that she or he has completed, or |
| 627 | will obtain prior to licensure, continuing education equivalent |
| 628 | to this state's requirement for dentists licensed under s. |
| 629 | 466.006 for the last full reporting biennium before applying for |
| 630 | a health access dental license; |
| 631 | (9) Has never failed the examination specified in s. |
| 632 | 466.006, unless the applicant was reexamined pursuant to s. |
| 633 | 466.006 and received a license to practice dentistry in this |
| 634 | state; |
| 635 | (12) Has passed an examination covering the laws and rules |
| 636 | of the practice of dentistry in this state as described in s. |
| 637 | 466.006(4)(a). |
| 638 | Section 7. Effective January 1, 2012, for the purpose of |
| 639 | incorporating the amendment made by this act to section 466.006, |
| 640 | Florida Statutes, in a reference thereto, paragraph (d) of |
| 641 | subsection (1) of section 466.00671, Florida Statutes, is |
| 642 | reenacted to read: |
| 643 | 466.00671 Renewal of the health access dental license.- |
| 644 | (1) A health access dental licensee shall apply for |
| 645 | renewal each biennium. At the time of renewal, the licensee |
| 646 | shall sign a statement that she or he has complied with all |
| 647 | continuing education requirements of an active dentist licensee. |
| 648 | The board shall renew a health access dental license for an |
| 649 | applicant that: |
| 650 | (d) Has not failed the examination specified in s. 466.006 |
| 651 | since initially receiving a health access dental license or |
| 652 | since the last renewal; and |
| 653 | Section 8. Effective January 1, 2012, for the purpose of |
| 654 | incorporating the amendment made by this act to section 466.006, |
| 655 | Florida Statutes, in a reference thereto, paragraph (b) of |
| 656 | subsection (2) and subsection (3) of section 466.007, Florida |
| 657 | Statutes, are reenacted to read: |
| 658 | 466.007 Examination of dental hygienists.- |
| 659 | (2) An applicant shall be entitled to take the |
| 660 | examinations required in this section to practice dental hygiene |
| 661 | in this state if the applicant: |
| 662 | (b)1. Is a graduate of a dental hygiene college or school |
| 663 | approved by the board or accredited by the Commission on |
| 664 | Accreditation of the American Dental Association or its |
| 665 | successor agency; or |
| 666 | 2. Is a graduate of a dental college or school accredited |
| 667 | in accordance with s. 466.006(2)(b), or a graduate of an |
| 668 | unaccredited dental college or school, and has met the |
| 669 | requirements of subsection (3). |
| 670 | (3) A graduate of a dental college or school shall be |
| 671 | entitled to take the examinations required in this section to |
| 672 | practice dental hygiene in this state if, in addition to the |
| 673 | requirements specified in subsection (2), the graduate meets the |
| 674 | following requirements: |
| 675 | (a) Submits the following credentials for review by the |
| 676 | board: |
| 677 | 1. Transcripts totaling 4 academic years of postsecondary |
| 678 | dental education; and |
| 679 | 2. A dental school diploma which is comparable to a D.D.S. |
| 680 | or D.M.D. |
| 681 |
|
| 682 | Such credentials shall be submitted in a manner provided by rule |
| 683 | of the board. The board shall approve those credentials which |
| 684 | comply with this paragraph and with rules of the board adopted |
| 685 | pursuant to this paragraph. The provisions of this paragraph |
| 686 | notwithstanding, an applicant of a foreign dental college or |
| 687 | school not accredited in accordance with s. 466.006(2)(b) who |
| 688 | cannot produce the credentials required by this paragraph, as a |
| 689 | result of political or other conditions in the country in which |
| 690 | the applicant received his or her education, may seek the |
| 691 | board's approval of his or her educational background by |
| 692 | submitting, in lieu of the credentials required in this |
| 693 | paragraph, such other reasonable and reliable evidence as may be |
| 694 | set forth by board rule. The board shall not accept such other |
| 695 | evidence until it has made a reasonable attempt to obtain the |
| 696 | credentials required by this paragraph from the educational |
| 697 | institutions the applicant is alleged to have attended, unless |
| 698 | the board is otherwise satisfied that such credentials cannot be |
| 699 | obtained. |
| 700 | (b) Successfully completes one or more courses, of a scope |
| 701 | and duration approved and defined by board rule, that meet the |
| 702 | requirements of law for instructing health care providers on the |
| 703 | human immunodeficiency virus and acquired immune deficiency |
| 704 | syndrome. In addition, the board may require an applicant who |
| 705 | graduated from a nonaccredited dental college or school to |
| 706 | successfully complete additional coursework, only after failing |
| 707 | the initial examination, as defined by board rule, at an |
| 708 | educational institution approved by the board or accredited as |
| 709 | provided in subparagraph (2)(b)1. A graduate of a foreign dental |
| 710 | college or school not accredited in accordance with s. |
| 711 | 466.006(2)(b) may not take the coursework set forth in this |
| 712 | paragraph until the board has approved the credentials required |
| 713 | by paragraph (a). |
| 714 | Section 9. Effective January 1, 2012, for the purpose of |
| 715 | incorporating the amendment made by this act to section 466.006, |
| 716 | Florida Statutes, in a reference thereto, subsection (1) of |
| 717 | section 466.009, Florida Statutes, is reenacted to read: |
| 718 | 466.009 Reexamination.- |
| 719 | (1) The department shall permit any person who fails an |
| 720 | examination which is required under s. 466.006 or s. 466.007 to |
| 721 | retake the examination. If the examination to be retaken is a |
| 722 | practical or clinical examination, the applicant shall pay a |
| 723 | reexamination fee set by rule of the board in an amount not to |
| 724 | exceed the original examination fee. |
| 725 | Section 10. Effective January 1, 2012, for the purpose of |
| 726 | incorporating the amendment made by this act to section 466.006, |
| 727 | Florida Statutes, in a reference thereto, section 466.011, |
| 728 | Florida Statutes, is reenacted to read: |
| 729 | 466.011 Licensure.-The board shall certify for licensure |
| 730 | by the department any applicant who satisfies the requirements |
| 731 | of s. 466.006, s. 466.0067, or s. 466.007. The board may refuse |
| 732 | to certify an applicant who has violated any of the provisions |
| 733 | of s. 466.026 or s. 466.028. |
| 734 | Section 11. If any provision of this act or its |
| 735 | application to any person or circumstance is held invalid by a |
| 736 | court of competent jurisdiction, the invalidity does not affect |
| 737 | other provisions or applications of the act which can be given |
| 738 | effect without the invalid provision or application, and to this |
| 739 | end the provisions of this act are severable. |
| 740 | Section 12. Except as otherwise specifically provided in |
| 741 | this act, this act shall take effect July 1, 2011, and shall not |
| 742 | apply retroactively. |