CS/CS/CS/HB 1319

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. 466.003,
18	F.S.; revising the definition of the term "health access
19	setting" and defining the term "school-based prevention
20	program" for purposes of provisions regulating the
21	practice of dentistry; amending s. 466.023, F.S.; revising
22	the scope and area of practice for dental hygienists;
23	amending s. 466.0235, F.S.; revising the locations at
24	which dental hygienists may perform dental charting;
25	amending s. 466.024, F.S.; authorizing dental hygienists
26	to perform certain duties without supervision or
27	authorization by a dentist; providing exceptions;
28	requiring that dental hygienists in a health access
29	setting provide a certain disclaimer to patients before a
30	procedure is performed; providing that a health access
31	setting may bill for certain services; requiring that
32	dental hygienists provide a referral, encourage the
33	establishment of a dental home, and maintain insurance
34	coverage in specified circumstances; reenacting s.
35	466.00672(2), F.S., relating to the revocation of health
36	access dental licenses, to incorporate the amendment made
37	by the act to s. 466.003, F.S., in a reference thereto;
38	amending s. 466.006, F.S.; providing legislative intent
39	with respect to the use of the American Dental Licensing
40	Examination developed by the American Board of Dental
41	Examiners, Inc., in lieu of an independent state-developed
42	practical or clinical exam, to measure an applicant's
43	ability to practice the profession of dentistry; providing
44	for examination fees and use thereof; revising criteria
45	for applicants for licensure with respect to accreditation
46	of dental school and period of validity of examination
47	scores; adopting the American Dental Licensing Examination
48	as the clinical or practical licensure examination used
49	for licensure as a dentist in this state, providing
50	specified conditions are maintained; providing for period
51	of validity of examination scores; authorizing applicants
52	to submit American Dental Licensing Examination scores
53	from a jurisdiction outside the state; specifying period
54	of validity of such examination scores; providing that
55	authority to submit such examination scores does not apply
56	retroactively; providing that such examination scores
57	outside the period of validity be recognized as valid upon
58	demonstration that the applicant has met specified
59	additional standards; designating the practical
60	examination and specifying minimum standards therefor;
61	requiring applicants for licensure with American Dental
62	Licensing Examination scores from a state other than this
63	state to engage in the full-time practice of dentistry
64	inside the geographic boundaries of this state within 1
65	year of receiving such licensure in this state; providing
66	legislative findings with respect thereto; providing a
67	definition; providing legislative intent with respect to
68	expiration of such licenses upon a finding that acceptable
69	proof of full-time practice within the geographic
70	boundaries of this state within 1 year after the initial
71	issuance of the license was not received by the board;
72	providing procedures and requirements with respect to
73	determination of compliance; providing procedures,
74	requirements, and prohibitions in the event of expiration;
75	providing a penalty for using or attempting to use a
76	license that has expired; amending s. 466.0067, F.S.;
77	correcting a cross-reference; reenacting ss. 466.0065(1),
78	466.0067(2), (5), (9), and (12), 466.00671(1)(d),
79	466.007(2)(b) and (3), 466.009(1), and 466.011, F.S.,
80	relating to regional licensure examinations, application
81	for health access dental license, renewal of the health
82	access dental license, examination of dental hygienists,
83	reexamination, and licensure, respectively, to incorporate
84	the amendments made to s. 466.006, F.S., in references
85	thereto; amending s. 468.701, F.S.; defining "Board of
86	Certification"; amending s. 468.703, F.S.; revising
87	qualifications for certain members of the Board of
88	Athletic Training; amending s. 468.707, F.S.; revising
89	requirements for licensure by the Department of Health as
90	an athletic trainer; reorganizing provisions; amending s.
91	468.711, F.S.; revising provisions relating to renewal of
92	license and continuing education requirements for athletic
93	trainers; providing severability; providing that the act
94	does not apply retroactively; providing effective dates.
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Subsection (3) is added to section 456.024,
99	Florida Statutes, to read:
100	456.024  Members of Armed Forces in good standing with
101	administrative boards or the department; spouses.-
102	(3)(a)  The board, or the department if there is no board,
103	may issue a temporary professional license to the spouse of an
104	active duty member of the Armed Forces of the United States who
105	submits to the department:
106	1.  A completed application upon a form prepared and
107	furnished by the department in accordance with the board's
108	rules;
109	2.  The required application fee;
110	3.  Proof that the applicant is married to a member of the
111	Armed Forces of the United States who is on active duty;
112	4.  Proof that the applicant holds a valid license for the
113	profession issued by another state, the District of Columbia, or
114	a possession or territory of the United States, and is not the
115	subject of any disciplinary proceeding in any jurisdiction in
116	which the applicant holds a license to practice a profession
117	regulated by this chapter;
118	5.  Proof that the applicant's spouse is assigned to a duty
119	station in this state pursuant to the member's official active
120	duty military orders; and
121	6.  Proof that the applicant would otherwise be entitled to
122	full licensure under the appropriate practice act, and is
123	eligible to take the respective licensure examination as
124	required in Florida.
125	(b)  The applicant must also submit to the Department of
126	Law Enforcement a complete set of fingerprints. The Department
127	of Law Enforcement shall conduct a statewide criminal history
128	check and forward the fingerprints to the Federal Bureau of
129	Investigation for a national criminal history check.
130	(c)  Each board, or the department if there is no board,
131	shall review the results of the state and federal criminal
132	history checks according to the level 2 screening standards in
133	s. 435.04 when granting an exemption and when granting or
134	denying the temporary license.
135	(d)  The applicant shall pay the cost of fingerprint
136	processing. If the fingerprints are submitted through an
137	authorized agency or vendor, the agency or vendor shall collect
138	the required processing fees and remit the fees to the
139	Department of Law Enforcement.
140	(e)  The department shall set an application fee, which may
141	not exceed the cost of issuing the license.
142	(f)  A temporary license expires 12 months after the date
143	of issuance and is not renewable.
144	(g)  An applicant for a temporary license under this
145	subsection is subject to the requirements under s. 456.013(3)(a)
146	and (c).
147	(h)  An applicant shall be deemed ineligible for a
148	temporary license pursuant to this section if the applicant:
149	1.  Has been convicted of or pled nolo contendere to,
150	regardless of adjudication, any felony or misdemeanor related to
151	the practice of a health care profession;
152	2.  Has had a health care provider license revoked or
153	suspended from another of the United States, the District of
154	Colombia, or a United States Territory;
155	3.  Has been reported to the National Practitioner Data
156	Bank, unless the applicant has successfully appealed to have his
157	or her name removed from the data bank; or
158	4.  Has previously failed the Florida examination required
159	to receive a license to practice the profession for which the
160	applicant is seeking a license.
161	(i)  The board, or department if there is no board, may
162	revoke a temporary license upon finding that the individual
163	violated the profession's governing practice act.
164	(j)  An applicant who is issued a temporary professional
165	license to practice as a dentist pursuant to this section must
166	practice under the indirect supervision, as defined in s.
167	466.003, of a dentist licensed pursuant to chapter 466.
168	Section 2.  Present subsections (1) through (4) of section
169	458.315, Florida Statutes, are renumbered as subsections (2)
170	through (5), respectively, and a new subsection (1) is added to
171	that section, to read:
172	458.315  Temporary certificate for practice in areas of
173	critical need.-
174	(1)  A certificate issued pursuant to this section may be
175	cited as the "Rear Admiral LeRoy Collins, Jr., Temporary
176	Certificate for Practice in Areas of Critical Need."
177	Section 3.  Present subsections (1) through (4) of section
178	459.0076, Florida Statutes, are renumbered as subsections (2)
179	through (5), respectively, and a new subsection (1) is added to
180	that section, to read:
181	459.0076  Temporary certificate for practice in areas of
182	critical need.-
183	(1)  A certificate issued pursuant to this section may be
184	cited as the "Rear Admiral LeRoy Collins, Jr., Temporary
185	Certificate for Practice in Areas of Critical Need."
186	Section 4.  Subsection (14) of section 466.003, Florida
187	Statutes, is amended, and subsection (15) is added to that
188	section, to read:
189	466.003  Definitions.-As used in this chapter:
190	(14)  "Health access setting settings" means a program or
191	an institution programs and institutions of the Department of
192	Children and Family Services, the Department of Health, the
193	Department of Juvenile Justice, a nonprofit community health
194	center centers, a Head Start center centers, a federally
195	qualified health center or look-alike centers (FQHCs), FQHC
196	look-alikes as defined by federal law, a school-based prevention
197	program, a clinic and clinics operated by an accredited college
198	colleges of dentistry, or an accredited dental hygiene program
199	in this state if such community service program or institution
200	programs and institutions immediately reports report to the
201	Board of Dentistry all violations of s. 466.027, s. 466.028, or
202	other practice act or standard of care violations related to the
203	actions or inactions of a dentist, dental hygienist, or dental
204	assistant engaged in the delivery of dental care in such setting
205	settings.
206	(15)  "School-based prevention program" means preventive
207	oral health services offered at a school by one of the entities
208	defined in subsection (14) or by a nonprofit organization that
209	is exempt from federal income taxation under s. 501(a) of the
210	Internal Revenue Code, and described in s. 501(c)(3) of the
211	Internal Revenue Code.
212	Section 5.  Subsections (2) and (3) of section 466.023,
213	Florida Statutes, are amended to read:
214	466.023  Dental hygienists; scope and area of practice.-
215	(2)  Dental hygienists may perform their duties:
216	(a)  In the office of a licensed dentist;
217	(b)  In public health programs and institutions of the
218	Department of Children and Family Services, Department of
219	Health, and Department of Juvenile Justice under the general
220	supervision of a licensed dentist; or
221	(c)  In a health access setting as defined in s. 466.003;
222	or
223	(d)(c)  Upon a patient of record of a dentist who has
224	issued a prescription for the services of a dental hygienist,
225	which prescription shall be valid for 2 years unless a shorter
226	length of time is designated by the dentist, in:
227	1.  Licensed public and private health facilities;
228	2.  Other public institutions of the state and federal
229	government;
230	3.  Public and private educational institutions;
231	4.  The home of a nonambulatory patient; and
232	5.  Other places in accordance with the rules of the board.
233
234	However, the dentist issuing such prescription shall remain
235	responsible for the care of such patient. As used in this
236	subsection, "patient of record" means a patient upon whom a
237	dentist has taken a complete medical history, completed a
238	clinical examination, recorded any pathological conditions, and
239	prepared a treatment plan.
240	(3)  Dental hygienists may, without supervision, provide
241	educational programs, faculty or staff training programs, and
242	authorized fluoride rinse programs; apply fluorides; instruct a
243	patient in oral hygiene care; supervise the oral hygiene care of
244	a patient;, and perform other services that which do not involve
245	diagnosis or treatment of dental conditions and that which
246	services are approved by rule of the board.
247	Section 6.  Subsection (2) of section 466.0235, Florida
248	Statutes, is amended to read:
249	466.0235  Dental charting.-
250	(2)  A dental hygienist may, without supervision and within
251	the lawful scope of his or her duties as authorized by law,
252	perform dental charting of hard and soft tissues in public and
253	private educational institutions of the state and Federal
254	Government, nursing homes, assisted living and long-term care
255	facilities, community health centers, county health departments,
256	mobile dental or health units, health access settings as defined
257	in s. 466.003, and epidemiological surveys for public health. A
258	dental hygienist may also perform dental charting on a volunteer
259	basis at health fairs.
260	Section 7.  Section 466.024, Florida Statutes, is amended
261	to read:
262	466.024  Delegation of duties; expanded functions.-
263	(1)  A dentist may not delegate irremediable tasks to a
264	dental hygienist or dental assistant, except as provided by law.
265	A dentist may delegate remediable tasks to a dental hygienist or
266	dental assistant when such tasks pose no risk to the patient. A
267	dentist may only delegate remediable tasks so defined by law or
268	rule of the board. The board by rule shall designate which tasks
269	are remediable and delegable, except that the following are by
270	law found to be remediable and delegable:
271	(a)  Taking impressions for study casts but not for the
272	purpose of fabricating any intraoral restorations or orthodontic
273	appliance.
274	(b)  Placing periodontal dressings.
275	(c)  Removing periodontal or surgical dressings.
276	(d)  Removing sutures.
277	(e)  Placing or removing rubber dams.
278	(f)  Placing or removing matrices.
279	(g)  Placing or removing temporary restorations.
280	(h)  Applying cavity liners, varnishes, or bases.
281	(i)  Polishing amalgam restorations.
282	(j)  Polishing clinical crowns of the teeth for the purpose
283	of removing stains but not changing the existing contour of the
284	tooth.
285	(k)  Obtaining bacteriological cytological specimens not
286	involving cutting of the tissue.
287
288	Nothing in This subsection does not shall be construed to limit
289	delegable tasks to those specified herein.
290	(2)  A dental hygienist licensed in this state may perform
291	the following remediable tasks in a health access setting as
292	defined in s. 466.003 without the physical presence, prior
293	examination, or authorization of a dentist:
294	(a)  Perform dental charting as defined in s. 466.0235 and
295	as provided by rule.
296	(b)  Measure and record a patient's blood pressure rate,
297	pulse rate, respiration rate, and oral temperature.
298	(c)  Record a patient's case history.
299	(d)  Apply topical fluorides, including fluoride varnishes,
300	which are approved by the American Dental Association or the
301	Food and Drug Administration.
302	(e)  Apply dental sealants.
303	(f)  Remove calculus deposits, accretions, and stains from
304	exposed surfaces of the teeth and from tooth surfaces within the
305	gingival sulcus.
306	1.  A dentist licensed under this chapter or a physician
307	licensed under chapter 458 or chapter 459 must give medical
308	clearance before a dental hygienist removes calculus deposits,
309	accretions, and stains from exposed surfaces of the teeth or
310	from tooth surfaces within the gingival sulcus.
311	2.  A dentist shall conduct a dental examination on a
312	patient within 13 months after a dental hygienist removes the
313	patient's calculus deposits, accretions, and stains from exposed
314	surfaces of the teeth or from tooth surfaces within the gingival
315	sulcus. Additional oral hygiene services may not be performed
316	under this paragraph without a clinical examination by a dentist
317	who is licensed under this chapter.
318
319	This subsection does not authorize a dental hygienist to perform
320	root planing or gingival curettage without supervision by a
321	dentist.
322	(3)  For all remediable tasks listed in subsection (2), the
323	following disclaimer must be provided to the patient in writing
324	before any procedure is performed:
325	(a)  The services being offered are not a substitute for a
326	comprehensive dental exam by a dentist.
327	(b)  The diagnosis of caries, soft tissue disease, oral
328	cancer, temporomandibular joint disease (TMJ), and dentofacial
329	malocclusions will be completed only by a dentist in the context
330	of delivering a comprehensive dental exam.
331	(4)  This section does not prevent a program operated by
332	one of the health access settings as defined in s. 466.003 or a
333	nonprofit organization that is exempt from federal income
334	taxation under s. 501(a) of the Internal Revenue Code and
335	described in s. 501(c)(3) of the Internal Revenue Code from
336	billing and obtaining reimbursement for the services described
337	in this section which are provided by a dental hygienist or from
338	making or maintaining any records pursuant to s. 456.057
339	necessary to obtain reimbursement.
340	(5)  A dental hygienist who performs, without supervision,
341	the remediable tasks listed in subsection (2) shall:
342	(a)  Provide a dental referral in strict compliance with
343	federal and state patient referral, anti-kickback, and patient
344	brokering laws.
345	(b)  Encourage the establishment of a dental home.
346	(c)  Maintain professional malpractice insurance coverage
347	that has minimum limits of $100,000 per occurrence and $300,000
348	in the aggregate through the employing health access setting or
349	individual policy.
350	(6)(2)  Notwithstanding subsection (1) or subsection (2), a
351	dentist may delegate the tasks of gingival curettage and root
352	planing to a dental hygienist but not to a dental assistant.
353	(7)(3)  All other remediable tasks shall be performed under
354	the direct, indirect, or general supervision of a dentist, as
355	determined by rule of the board, and after such formal or on-
356	the-job training by the dental hygienist or dental assistant as
357	the board by rule may require. The board by rule may establish a
358	certification process for expanded-duty dental assistants,
359	establishing such training or experience criteria or
360	examinations as it deems necessary and specifying which tasks
361	may be delegable only to such assistants. If the board does
362	establish such a certification process, the department shall
363	implement the application process for such certification and
364	administer any examinations required.
365	(8)(4)  Notwithstanding subsection (1) or subsection (2), a
366	dentist may not delegate to anyone other than another licensed
367	dentist:
368	(a)  Any prescription of drugs or medications requiring the
369	written order or prescription of a licensed dentist or
370	physician.
371	(b)  Any diagnosis for treatment or treatment planning.
372	(9)(5)  Notwithstanding any other provision of law, a
373	dentist is primarily responsible for all procedures delegated by
374	her or him.
375	(10)(6)  A No dental assistant may not shall perform an
376	intraoral procedure except after such formal or on-the-job
377	training as the board by rule shall prescribe.
378	Section 8.  For the purpose of incorporating the amendment
379	made by this act to section 466.003, Florida Statutes, in a
380	reference thereto, subsection (2) of section 466.00672, Florida
381	Statutes, is reenacted to read:
382	466.00672  Revocation of health access dental license.-
383	(2)  Failure of an individual licensed pursuant to s.
384	466.0067 to limit the practice of dentistry to health access
385	settings as defined in s. 466.003 constitutes the unlicensed
386	practice of dentistry.
387	Section 9.  Effective October 1, 2011, section 466.006,
388	Florida Statutes, is amended to read:
389	466.006  Examination of dentists.-
390	(1)(a)  It is the intent of the Legislature to reduce the
391	costs associated with an independent state-developed practical
392	or clinical examination to measure an applicant's ability to
393	practice the profession of dentistry and to use the American
394	Dental Licensing Examination developed by the American Board of
395	Dental Examiners, Inc., in lieu of an independent state-
396	developed practical or clinical examination. The Legislature
397	finds that the American Dental Licensing Examination, in both
398	its structure and function, consistently meets generally
399	accepted testing standards and has been found, as it is
400	currently organized and operating, to adequately and reliably
401	measure an applicant's ability to practice the profession of
402	dentistry.
403	(b)  Any person desiring to be licensed as a dentist shall
404	apply to the department to take the licensure examinations and
405	shall verify the information required on the application by
406	oath. The application shall include two recent photographs.
407	There shall be an application fee set by the board not to exceed
408	$100 which shall be nonrefundable. There shall also be an
409	examination fee set by the board, which shall not exceed $425
410	plus the actual per applicant cost to the department for
411	purchase of some or all portions of the examination from the
412	American Board of Dental Examiners or its successor entity, if
413	any, provided the board finds the successor entity's clinical
414	examination complies with the provisions of this section. The
415	examination fee Northeast Regional Board of Dental Examiners or
416	a similar national organization, which may be refundable if the
417	applicant is found ineligible to take the examinations.
418	(2)  An applicant shall be entitled to take the
419	examinations required in this section to practice dentistry in
420	this state if the applicant:
421	(a)  Is 18 years of age or older.
422	(b)1.  Is a graduate of a dental school accredited by the
423	American Dental Association Commission on Dental Accreditation
424	Commission on Accreditation of the American Dental Association
425	or its successor entity agency, if any, or any other dental
426	nationally recognized accrediting entity recognized by the
427	United States Department of Education agency; or
428	2.  Is a dental student in the final year of a program at
429	such an accredited dental school who has completed all the
430	coursework necessary to prepare the student to perform the
431	clinical and diagnostic procedures required to pass the
432	examinations. With respect to a dental student in the final year
433	of a program at a dental school, a passing score on the
434	examinations is valid for 365 180 days after the date the
435	examinations were completed. A dental school student who takes
436	the licensure examinations during the student's final year of an
437	approved dental school must have graduated before being
438	certified for licensure pursuant to s. 466.011.
439	(c)1.  Has successfully completed the National Board of
440	Dental Examiners dental examination within 10 years of the date
441	of application; or
442	2.  Has an active health access dental license in this
443	state; and
444	a.  The applicant has at least 5,000 hours within 4
445	consecutive years of clinical practice experience providing
446	direct patient care in a health access setting as defined in s.
447	466.003 s. 466.003(14); the applicant is a retired veteran
448	dentist of any branch of the United States Armed Services who
449	has practiced dentistry while on active duty and has at least
450	3,000 hours within 3 consecutive years of clinical practice
451	experience providing direct patient care in a health access
452	setting as defined in s. 466.003 s. 466.003(14); or the
453	applicant has provided a portion of his or her salaried time
454	teaching health profession students in any public education
455	setting, including, but not limited to, a community college,
456	college, or university, and has at least 3,000 hours within 3
457	consecutive years of clinical practice experience providing
458	direct patient care in a health access setting as defined in s.
459	466.003 s. 466.003(14);
460	b.  The applicant has not been disciplined by the board,
461	except for citation offenses or minor violations;
462	c.  The applicant has not filed a report pursuant to s.
463	456.049; and
464	d.  The applicant has not been convicted of or pled nolo
465	contendere to, regardless of adjudication, any felony or
466	misdemeanor related to the practice of a health care profession.
467	(3)  If an applicant is a graduate of a dental college or
468	school not accredited in accordance with paragraph (2)(b) or of
469	a dental college or school not approved by the board, the
470	applicant shall not be entitled to take the examinations
471	required in this section to practice dentistry until she or he
472	satisfies one of the following:
473	(a)  Completes a program of study, as defined by the board
474	by rule, at an accredited American dental school and
475	demonstrates receipt of a D.D.S. or D.M.D. from said school; or
476	(b)  Completes a 2-year supplemental dental education
477	program at an accredited dental school and receives a dental
478	diploma, degree, or certificate as evidence of program
479	completion.
480	(4)  Notwithstanding any other provision of law in chapter
481	456 pertaining to the clinical dental licensure examination or
482	national examinations s. 456.017(1)(c), to be licensed as a
483	dentist in this state, an applicant must successfully complete
484	the following:
485	(a)  A written examination on the laws and rules of the
486	state regulating the practice of dentistry;
487	(b)1.  A practical or clinical examination, which shall be
488	the American Dental Licensing Examination produced by the
489	American Board of Dental Examiners, Inc., or its successor
490	entity, if any, that is administered in this state and graded by
491	dentists licensed in this state and employed by the department
492	for just such purpose, provided that the board has attained, and
493	continues to maintain thereafter, representation on the board of
494	directors of the American Board of Dental Examiners, the
495	examination development committee of the American Board of
496	Dental Examiners, and such other committees of the American
497	Board of Dental Examiners as the board deems appropriate by rule
498	to assure that the standards established herein are maintained
499	organizationally. A passing score on the American Dental
500	Licensing Examination administered in this state and graded by
501	dentists who are licensed in this state is valid for 365 days
502	after the date the official examination results are published.
503	2.a.  As an alternative to the requirements of subparagraph
504	1., an applicant may submit scores from an American Dental
505	Licensing Examination previously administered in a jurisdiction
506	other than this state after October 1, 2011, and such
507	examination results shall be recognized as valid for the purpose
508	of licensure in this state. A passing score on the American
509	Dental Licensing Examination administered out-of-state shall be
510	the same as the passing score for the American Dental Licensing
511	Examination administered in this state and graded by dentists
512	who are licensed in this state. The examination results are
513	valid for 365 days after the date the official examination
514	results are published. The applicant must have completed the
515	examination after October 1, 2011.
516	b.  This subparagraph may not be given retroactive
517	application.
518	3.  If the date of an applicant's passing American Dental
519	Licensing Examination scores from an examination previously
520	administered in a jurisdiction other than this state under
521	subparagraph 2. is older than 365 days, then such scores shall
522	nevertheless be recognized as valid for the purpose of licensure
523	in this state, but only if the applicant demonstrates that all
524	of the following additional standards have been met:
525	a.(I)  The applicant completed the American Dental
526	Licensing Examination after October 1, 2011.
527	(II)  This sub-subparagraph may not be given retroactive
528	application;
529	b.  The applicant graduated from a dental school accredited
530	by the American Dental Association Commission on Dental
531	Accreditation or its successor entity, if any, or any other
532	dental accrediting organization recognized by the United States
533	Department of Education. Provided, however, if the applicant did
534	not graduate from such a dental school, the applicant may submit
535	proof of having successfully completed a full-time supplemental
536	general dentistry program accredited by the American Dental
537	Association Commission on Dental Accreditation of at least 2
538	consecutive academic years at such accredited sponsoring
539	institution. Such program must provide didactic and clinical
540	education at the level of a D.D.S. or D.M.D. program accredited
541	by the American Dental Association Commission on Dental
542	Accreditation;
543	c.  The applicant currently possesses a valid and active
544	dental license in good standing, with no restriction, which has
545	never been revoked, suspended, restricted, or otherwise
546	disciplined, from another state or territory of the United
547	States, the District of Columbia, or the Commonwealth of Puerto
548	Rico;
549	d.  The applicant submits proof that he or she has never
550	been reported to the National Practitioner Data Bank, the
551	Healthcare Integrity and Protection Data Bank, or the American
552	Association of Dental Boards Clearinghouse. This sub-
553	subparagraph does not apply if the applicant successfully
554	appealed to have his or her name removed from the data banks of
555	these agencies;
556	e.(I)  In the 5 years immediately preceding the date of
557	application for licensure in this state, the applicant must
558	submit proof of having been consecutively engaged in the full-
559	time practice of dentistry in another state or territory of the
560	United States, the District of Columbia, or the Commonwealth of
561	Puerto Rico, or, if the applicant has been licensed in another
562	state or territory of the United States, the District of
563	Columbia, or the Commonwealth of Puerto Rico for less than 5
564	years, the applicant must submit proof of having been engaged in
565	the full-time practice of dentistry since the date of his or her
566	initial licensure.
567	(II)  As used in this section, "full-time practice" is
568	defined as a minimum of 1,200 hours per year for each and every
569	year in the consecutive 5-year period or, where applicable, the
570	period since initial licensure, and must include any combination
571	of the following:
572	(A)  Active clinical practice of dentistry providing direct
573	patient care.
574	(B)  Full-time practice as a faculty member employed by a
575	dental or dental hygiene school approved by the board or
576	accredited by the American Dental Association Commission on
577	Dental Accreditation.
578	(C)  Full-time practice as a student at a postgraduate
579	dental education program approved by the board or accredited by
580	the American Dental Association Commission on Dental
581	Accreditation.
582	(III)  The board shall develop rules to determine what type
583	of proof of full-time practice is required and to recoup the
584	cost to the board of verifying full-time practice under this
585	section. Such proof must, at a minimum, be:
586	(A)  Admissible as evidence in an administrative
587	proceeding;
588	(B)  Submitted in writing;
589	(C)  Submitted by the applicant under oath with penalties
590	of perjury attached;
591	(D)  Further documented by an affidavit of someone
592	unrelated to the applicant who is familiar with the applicant's
593	practice and testifies with particularity that the applicant has
594	been engaged in full-time practice; and
595	(E)  Specifically found by the board to be both credible
596	and admissible.
597	(IV)  An affidavit of only the applicant is not acceptable
598	proof of full-time practice unless it is further attested to by
599	someone unrelated to the applicant who has personal knowledge of
600	the applicant's practice. If the board deems it necessary to
601	assess credibility or accuracy, the board may require the
602	applicant or the applicant's witnesses to appear before the
603	board and give oral testimony under oath.
604	f.  The applicant must submit documentation that he or she
605	has completed, or will complete, prior to licensure in this
606	state, continuing education equivalent to this state's
607	requirements for the last full reporting biennium;
608	g.  The applicant must prove that he or she has never been
609	convicted of, or pled nolo contendere to, regardless of
610	adjudication, any felony or misdemeanor related to the practice
611	of a health care profession in any jurisdiction;
612	h.  The applicant must successfully pass a written
613	examination on the laws and rules of this state regulating the
614	practice of dentistry and must successfully pass the computer-
615	based diagnostic skills examination; and
616	i.  The applicant must submit documentation that he or she
617	has successfully completed the National Board of Dental
618	Examiners dental examination.
619	(5)(a)  The practical examination required under subsection
620	(4) shall be the American Dental Licensing Examination developed
621	by the American Board of Dental Examiners, Inc., or its
622	successor entity, if any, provided the board finds that the
623	successor entity's clinical examination complies with the
624	provisions of this section, and shall include, at a minimum:
625	1.  A comprehensive diagnostic skills examination covering
626	the full scope of dentistry and an examination on applied
627	clinical diagnosis and treatment planning in dentistry for
628	dental candidates.
629	2.a.  Two restorations on a live patient or patients., and
630	The board by rule shall determine the class of such
631	restorations. and whether they shall be performed on mannequins,
632	live patients, or both. At least one restoration shall be on a
633	live patient;
634	3.b.  A demonstration of periodontal skills on a live
635	patient;
636	4.c.  A demonstration of prosthetics and restorative skills
637	in complete and partial dentures and crowns and bridges and the
638	utilization of practical methods of evaluation, specifically
639	including the evaluation by the candidate of completed
640	laboratory products such as, but not limited to, crowns and
641	inlays filled to prepared model teeth;
642	5.d.  A demonstration of restorative skills on a mannequin
643	which requires the candidate to complete procedures performed in
644	preparation for a cast restoration; and
645	6.e.  A demonstration of endodontic skills; and.
646	7.  A diagnostic skills examination demonstrating ability
647	to diagnose conditions within the human oral cavity and its
648	adjacent tissues and structures from photographs, slides,
649	radiographs, or models pursuant to rules of the board. If an
650	applicant fails to pass the diagnostic skills examination in
651	three attempts, the applicant shall not be eligible for
652	reexamination unless she or he completes additional educational
653	requirements established by the board.
654	(b)2.  The department shall consult with the board in
655	planning the times, places, physical facilities, training of
656	personnel, and other arrangements concerning the administration
657	of the examination. The board or a duly designated committee
658	thereof shall approve the final plans for the administration of
659	the examination.
660	(c)3.  If the applicant fails to pass the clinical
661	examination in three attempts, the applicant shall not be
662	eligible for reexamination unless she or he completes additional
663	educational requirements established by the board; and
664	(c)  A diagnostic skills examination demonstrating ability
665	to diagnose conditions within the human oral cavity and its
666	adjacent tissues and structures from photographs, slides,
667	radiographs, or models pursuant to rules of the board. If an
668	applicant fails to pass the diagnostic skills examination in
669	three attempts, the applicant shall not be eligible for
670	reexamination unless she or he completes additional educational
671	requirements established by the board.
672	(d)  The board may by rule provide for additional
673	procedures which are to be tested, provided such procedures
674	shall be common to the practice of general dentistry. The board
675	by rule shall determine the passing grade for each procedure and
676	the acceptable variation for examiners. No such rule shall apply
677	retroactively.
678
679	The department shall require a mandatory standardization
680	exercise for all examiners prior to each practical or clinical
681	examination and shall retain for employment only those dentists
682	who have substantially adhered to the standard of grading
683	established at such exercise.
684	(6)(a)  It is the finding of the Legislature that absent a
685	threat to the health, safety, and welfare of the public, the
686	relocation of applicants to practice dentistry within the
687	geographic boundaries of this state, who are lawfully and
688	currently practicing dentistry in another state or territory of
689	the United States, the District of Columbia, or the Commonwealth
690	of Puerto Rico, based on their scores from the American Dental
691	Licensing Examination administered in a state other than this
692	state, is substantially related to achieving the important state
693	interest of improving access to dental care for underserved
694	citizens of this state and furthering the economic development
695	goals of the state. Therefore, in order to maintain valid active
696	licensure in this state, all applicants for licensure who are
697	relocating to this state based on scores from the American
698	Dental Licensing Examination administered in a state other than
699	this state must actually engage in the full-time practice of
700	dentistry inside the geographic boundaries of this state within
701	1 year of receiving such licensure in this state. The
702	Legislature finds that, if such applicants do not actually
703	engage in the full-time practice of dentistry within the
704	geographic boundaries of this state within 1 year of receiving
705	such a license in this state, access to dental care for the
706	public will not significantly increase, patients' continuity of
707	care will not be attained, and the economic development goals of
708	the state will not be significantly met.
709	(b)1.  As used in this section, "full-time practice of
710	dentistry within the geographic boundaries of this state within
711	1 year" is defined as a minimum of 1,200 hours in the initial
712	year of licensure, which must include any combination of the
713	following:
714	a.  Active clinical practice of dentistry providing direct
715	patient care within the geographic boundaries of this state.
716	b.  Full-time practice as a faculty member employed by a
717	dental or dental hygiene school approved by the board or
718	accredited by the American Dental Association Commission on
719	Dental Accreditation and located within the geographic
720	boundaries of this state.
721	c.  Full-time practice as a student at a postgraduate
722	dental education program approved by the board or accredited by
723	the American Dental Association Commission on Dental
724	Accreditation and located within the geographic boundaries of
725	this state.
726	2.  The board shall develop rules to determine what type of
727	proof of full-time practice of dentistry within the geographic
728	boundaries of this state for 1 year is required in order to
729	maintain active licensure and shall develop rules to recoup the
730	cost to the board of verifying maintenance of such full-time
731	practice under this section. Such proof must, at a minimum:
732	a.  Be admissible as evidence in an administrative
733	proceeding;
734	b.  Be submitted in writing;
735	c.  Be submitted by the applicant under oath with penalties
736	of perjury attached;
737	d.  Be further documented by an affidavit of someone
738	unrelated to the applicant who is familiar with the applicant's
739	practice and testifies with particularity that the applicant has
740	been engaged in full-time practice of dentistry within the
741	geographic boundaries of this state within the last 365 days;
742	and
743	e.  Include such additional proof as specifically found by
744	the board to be both credible and admissible.
745	3.  An affidavit of only the applicant is not acceptable
746	proof of full-time practice of dentistry within the geographic
747	boundaries of this state within 1 year, unless it is further
748	attested to by someone unrelated to the applicant who has
749	personal knowledge of the applicant's practice within the last
750	365 days. If the board deems it necessary to assess credibility
751	or accuracy, the board may require the applicant or the
752	applicant's witnesses to appear before the board and give oral
753	testimony under oath.
754	(c)  It is the further intent of the Legislature that a
755	license issued pursuant to paragraph (a) shall expire in the
756	event the board finds that it did not receive acceptable proof
757	of full-time practice within the geographic boundaries of this
758	state within 1 year after the initial issuance of the license.
759	The board shall make reasonable attempts within 30 days prior to
760	the expiration of such a license to notify the licensee in
761	writing at his or her last known address of the need for proof
762	of full-time practice in order to continue licensure. If the
763	board has not received a satisfactory response from the licensee
764	within the 30-day period, the licensee must be served with
765	actual or constructive notice of the pending expiration of
766	licensure and be given 20 days in which to submit proof required
767	in order to continue licensure. If the 20-day period expires and
768	the board finds it has not received acceptable proof of full-
769	time practice within the geographic boundaries of this state
770	within 1 year after the initial issuance of the license, then
771	the board must issue an administrative order finding that the
772	license has expired. Such an order may be appealed by the former
773	licensee in accordance with the provisions of chapter 120. In
774	the event of expiration, the licensee shall immediately cease
775	and desist from practicing dentistry and shall immediately
776	surrender to the board the wallet-size identification card and
777	wall card. A person who uses or attempts to use a license issued
778	pursuant to this section which has expired commits unlicensed
779	practice of dentistry, a felony of the third degree pursuant to
780	s. 466.026(1)(b), punishable as provided in s. 775.082, s.
781	775.083, or s. 775.084.
782	Section 10.  Effective October 1, 2011, section 466.067,
783	Florida Statutes, is amended, and, for the purpose of
784	incorporating the amendment made by this act to section 466.006,
785	Florida Statutes, in a reference thereto, subsections (2), (5),
786	(9), and (12) of that section are reenacted, to read:
787	466.0067  Application for health access dental license.-The
788	Legislature finds that there is an important state interest in
789	attracting dentists to practice in underserved health access
790	settings in this state and further, that allowing out-of-state
791	dentists who meet certain criteria to practice in health access
792	settings without the supervision of a dentist licensed in this
793	state is substantially related to achieving this important state
794	interest. Therefore, notwithstanding the requirements of s.
795	466.006, the board shall grant a health access dental license to
796	practice dentistry in this state in health access settings as
797	defined in s. 466.003 s. 466.003(14) to an applicant that:
798	(1)  Files an appropriate application approved by the
799	board;
800	(2)  Pays an application license fee for a health access
801	dental license, laws-and-rule exam fee, and an initial licensure
802	fee. The fees specified in this subsection may not differ from
803	an applicant seeking licensure pursuant to s. 466.006;
804	(3)  Has not been convicted of or pled nolo contendere to,
805	regardless of adjudication, any felony or misdemeanor related to
806	the practice of a health care profession;
807	(4)  Submits proof of graduation from a dental school
808	accredited by the Commission on Dental Accreditation of the
809	American Dental Association or its successor agency;
810	(5)  Submits documentation that she or he has completed, or
811	will obtain prior to licensure, continuing education equivalent
812	to this state's requirement for dentists licensed under s.
813	466.006 for the last full reporting biennium before applying for
814	a health access dental license;
815	(6)  Submits proof of her or his successful completion of
816	parts I and II of the dental examination by the National Board
817	of Dental Examiners and a state or regional clinical dental
818	licensing examination that the board has determined effectively
819	measures the applicant's ability to practice safely;
820	(7)  Currently holds a valid, active, dental license in
821	good standing which has not been revoked, suspended, restricted,
822	or otherwise disciplined from another of the United States, the
823	District of Columbia, or a United States territory;
824	(8)  Has never had a license revoked from another of the
825	United States, the District of Columbia, or a United States
826	territory;
827	(9)  Has never failed the examination specified in s.
828	466.006, unless the applicant was reexamined pursuant to s.
829	466.006 and received a license to practice dentistry in this
830	state;
831	(10)  Has not been reported to the National Practitioner
832	Data Bank, unless the applicant successfully appealed to have
833	his or her name removed from the data bank;
834	(11)  Submits proof that he or she has been engaged in the
835	active, clinical practice of dentistry providing direct patient
836	care for 5 years immediately preceding the date of application,
837	or in instances when the applicant has graduated from an
838	accredited dental school within the preceding 5 years, submits
839	proof of continuous clinical practice providing direct patient
840	care since graduation; and
841	(12)  Has passed an examination covering the laws and rules
842	of the practice of dentistry in this state as described in s.
843	466.006(4)(a).
844	Section 11.  Effective October 1, 2011, for the purpose of
845	incorporating the amendment made by this act to section 466.006,
846	Florida Statutes, in a reference thereto, subsection (1) of
847	section 466.0065, Florida Statutes, is reenacted to read:
848	466.0065  Regional licensure examinations.-
849	(1)  It is the intent of the Legislature that schools of
850	dentistry be allowed to offer regional licensure examinations to
851	dental students who are in the final year of a program at an
852	approved dental school for the sole purpose of facilitating the
853	student's licensing in other jurisdictions. This section does
854	not allow a person to be licensed as a dentist in this state
855	without taking the examinations as set forth in s. 466.006, nor
856	does this section mean that regional examinations administered
857	under this section may be substituted for complying with testing
858	requirements under s. 466.006.
859	Section 12.  Effective October 1, 2011, for the purpose of
860	incorporating the amendment made by this act to section 466.006,
861	Florida Statutes, in a reference thereto, paragraph (d) of
862	subsection (1) of section 466.00671, Florida Statutes, is
863	reenacted to read:
864	466.00671  Renewal of the health access dental license.-
865	(1)  A health access dental licensee shall apply for
866	renewal each biennium. At the time of renewal, the licensee
867	shall sign a statement that she or he has complied with all
868	continuing education requirements of an active dentist licensee.
869	The board shall renew a health access dental license for an
870	applicant that:
871	(d)  Has not failed the examination specified in s. 466.006
872	since initially receiving a health access dental license or
873	since the last renewal; and
874	Section 13.  Effective October 1, 2011, for the purpose of
875	incorporating the amendment made by this act to section 466.006,
876	Florida Statutes, in a reference thereto, paragraph (b) of
877	subsection (2) and subsection (3) of section 466.007, Florida
878	Statutes, are reenacted to read:
879	466.007  Examination of dental hygienists.-
880	(2)  An applicant shall be entitled to take the
881	examinations required in this section to practice dental hygiene
882	in this state if the applicant:
883	(b)1.  Is a graduate of a dental hygiene college or school
884	approved by the board or accredited by the Commission on
885	Accreditation of the American Dental Association or its
886	successor agency; or
887	2.  Is a graduate of a dental college or school accredited
888	in accordance with s. 466.006(2)(b), or a graduate of an
889	unaccredited dental college or school, and has met the
890	requirements of subsection (3).
891	(3)  A graduate of a dental college or school shall be
892	entitled to take the examinations required in this section to
893	practice dental hygiene in this state if, in addition to the
894	requirements specified in subsection (2), the graduate meets the
895	following requirements:
896	(a)  Submits the following credentials for review by the
897	board:
898	1.  Transcripts totaling 4 academic years of postsecondary
899	dental education; and
900	2.  A dental school diploma which is comparable to a D.D.S.
901	or D.M.D.
902
903	Such credentials shall be submitted in a manner provided by rule
904	of the board. The board shall approve those credentials which
905	comply with this paragraph and with rules of the board adopted
906	pursuant to this paragraph. The provisions of this paragraph
907	notwithstanding, an applicant of a foreign dental college or
908	school not accredited in accordance with s. 466.006(2)(b) who
909	cannot produce the credentials required by this paragraph, as a
910	result of political or other conditions in the country in which
911	the applicant received his or her education, may seek the
912	board's approval of his or her educational background by
913	submitting, in lieu of the credentials required in this
914	paragraph, such other reasonable and reliable evidence as may be
915	set forth by board rule. The board shall not accept such other
916	evidence until it has made a reasonable attempt to obtain the
917	credentials required by this paragraph from the educational
918	institutions the applicant is alleged to have attended, unless
919	the board is otherwise satisfied that such credentials cannot be
920	obtained.
921	(b)  Successfully completes one or more courses, of a scope
922	and duration approved and defined by board rule, that meet the
923	requirements of law for instructing health care providers on the
924	human immunodeficiency virus and acquired immune deficiency
925	syndrome. In addition, the board may require an applicant who
926	graduated from a nonaccredited dental college or school to
927	successfully complete additional coursework, only after failing
928	the initial examination, as defined by board rule, at an
929	educational institution approved by the board or accredited as
930	provided in subparagraph (2)(b)1. A graduate of a foreign dental
931	college or school not accredited in accordance with s.
932	466.006(2)(b) may not take the coursework set forth in this
933	paragraph until the board has approved the credentials required
934	by paragraph (a).
935	Section 14.  Effective October 1, 2011, for the purpose of
936	incorporating the amendment made by this act to section 466.006,
937	Florida Statutes, in a reference thereto, subsection (1) of
938	section 466.009, Florida Statutes, is reenacted to read:
939	466.009  Reexamination.-
940	(1)  The department shall permit any person who fails an
941	examination which is required under s. 466.006 or s. 466.007 to
942	retake the examination. If the examination to be retaken is a
943	practical or clinical examination, the applicant shall pay a
944	reexamination fee set by rule of the board in an amount not to
945	exceed the original examination fee.
946	Section 15.  Effective October 1, 2011, for the purpose of
947	incorporating the amendment made by this act to section 466.006,
948	Florida Statutes, in a reference thereto, section 466.011,
949	Florida Statutes, is reenacted to read:
950	466.011  Licensure.-The board shall certify for licensure
951	by the department any applicant who satisfies the requirements
952	of s. 466.006, s. 466.0067, or s. 466.007. The board may refuse
953	to certify an applicant who has violated any of the provisions
954	of s. 466.026 or s. 466.028.
955	Section 16.  Subsections (7), (8), and (9) of section
956	468.701, Florida Statutes, are renumbered as subsections (8),
957	(9), and (10), respectively, and a new subsection (7) is added
958	to that section, to read:
959	468.701  Definitions.-As used in this part, the term:
960	(7)  "Board of Certification" means the nationally
961	accredited certifying body for athletic trainers or its
962	successor agency.
963	Section 17.  Subsection (2) of section 468.703, Florida
964	Statutes, is amended to read:
965	468.703  Board of Athletic Training.-
966	(2)  Five members of the board must be licensed athletic
967	trainers, certified by the Board of Certification. One member of
968	the board must be a physician licensed under chapter 458 or
969	chapter 459. One member of the board must be a physician
970	licensed under chapter 460. Two members of the board shall be
971	consumer members, each of whom must be a resident of this state
972	who has never worked as an athletic trainer, who has no
973	financial interest in the practice of athletic training, and who
974	has never been a licensed health care practitioner as defined in
975	s. 456.001(4).
976	Section 18.  Section 468.707, Florida Statutes, is amended
977	to read:
978	468.707  Licensure by examination; requirements.-
979	(1)  Any person desiring to be licensed as an athletic
980	trainer shall apply to the department on a form approved by the
981	department. The department shall license each applicant who:
982	(1)(a)  Has completed the application form and remitted the
983	required fees.
984	(2)(b)  Is at least 21 years of age.
985	(3)(c)  Has obtained a baccalaureate degree from a college
986	or university accredited by an accrediting agency recognized and
987	approved by the United States Department of Education or the
988	Commission on Recognition of Postsecondary Accreditation, or
989	approved by the board, or recognized by the Board of
990	Certification.
991	(4)(d)  If graduated after 2004, has completed an approved
992	athletic training curriculum from a college or university
993	accredited by a program recognized by the Board of Certification
994	an accrediting agency recognized and approved by the United
995	States Department of Education or the Commission on Recognition
996	of Postsecondary Accreditation, or approved by the board.
997	(5)(e)  Has current certification in cardiovascular
998	pulmonary resuscitation with an automated external defibrillator
999	from the American Red Cross or, the American Heart Association,
1000	or an equivalent certification as determined by the board.
1001	(6)(f)  Has passed the an examination and is certified by
1002	the Board of Certification administered or approved by the
1003	board.
1004	(2)  Pursuant to the requirements of s. 456.034, each
1005	applicant shall complete a continuing education course on human
1006	immunodeficiency virus and acquired immune deficiency syndrome
1007	as part of initial licensure.
1008	Section 19.  Section 468.711, Florida Statutes, is amended
1009	to read:
1010	468.711  Renewal of license; continuing education.-
1011	(1)  The department shall renew a license upon receipt of
1012	the renewal application and fee, provided the applicant is in
1013	compliance with the provisions of this section, chapter 456, and
1014	rules promulgated pursuant thereto.
1015	(2)  The board may, by rule, prescribe continuing education
1016	requirements, not to exceed 24 hours biennially. The criteria
1017	for continuing education shall be approved by the board and must
1018	shall include a current certificate in cardiovascular pulmonary
1019	resuscitation with an automated external defibrillator from the
1020	American Red Cross or the American Heart Association or an
1021	equivalent training as determined by the board.
1022	(3)  If initially licensed after January 1, 1998, the
1023	licensee must be currently certified by the Board of
1024	Certification or its successor agency Pursuant to the
1025	requirements of s. 456.034, each licensee shall complete a
1026	continuing education course on human immunodeficiency virus and
1027	acquired immune deficiency syndrome as part of biennial
1028	relicensure.
1029	Section 20.  If any provision of this act or its
1030	application to any person or circumstance is held invalid by a
1031	court of competent jurisdiction, the invalidity does not affect
1032	other provisions or applications of the act which can be given
1033	effect without the invalid provision or application, and to this
1034	end the provisions of this act are severable.
1035	Section 21.  Except as otherwise specifically provided in
1036	this act, this act shall take effect upon becoming a law, and
1037	shall not apply retroactively.

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