HB 483

1
A bill to be entitled
2An act relating to the practice of dentistry; requiring
3persons who apply for licensure renewal as a dentist or
4dental hygienist to furnish certain information to the
5Department of Health in a dental workforce survey;
6requiring the Board of Dentistry to issue a
7nondisciplinary citation and a notice for failure to
8complete the survey within a specified time; providing
9notification requirements for the citation; requiring the
10department to serve as the coordinating body for the
11purpose of collecting, disseminating, and updating dental
12workforce data; requiring the department to maintain a
13database regarding the state's dental workforce; requiring
14the department to develop strategies to maximize federal
15and state programs and to work with an advisory body to
16address matters relating to the state's dental workforce;
17providing membership of the advisory body; providing for
18members of the advisory body to serve without
19compensation; requiring the department to act as a
20clearinghouse for collecting and disseminating information
21regarding the dental workforce; requiring the department
22and the board to adopt rules; providing legislative intent
23regarding implementation of the act within existing
24resources; amending s. 499.01, F.S.; authorizing certain
25business entities to pay for prescription drugs obtained
26by practitioners licensed under ch. 466, F.S.; amending s.
27624.91, F.S.; revising the membership of the board of
28directors of the Florida Healthy Kids Corporation to
29include a member nominated by the Florida Dental
30Association and appointed by the Governor; providing an
31effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Dental workforce survey.-
36     (1)  Beginning in 2012, each person who applies for
37licensure renewal as a dentist or dental hygienist under chapter
38466, Florida Statutes, must, in conjunction with the renewal of
39such license under procedures and forms adopted by the Board of
40Dentistry and in addition to any other information that may be
41required from the applicant, furnish the following information
42to the Department of Health, working in conjunction with the
43board, in a dental workforce survey:
44     (a)  Licensee information, including, but not limited to:
45     1.  The name of the dental school or dental hygiene program
46that the dentist or dental hygienist graduated from and the year
47of graduation.
48     2.  The year that the dentist or dental hygienist began
49practicing or working in this state.
50     3.  The geographic location of the dentist's or dental
51hygienist's practice or address within the state.
52     4.  For a dentist in private practice:
53     a.  The number of full-time dental hygienists employed by
54the dentist during the reporting period.
55     b.  The number of full-time dental assistants employed by
56the dentist during the reporting period.
57     c.  The average number of patients treated per week by the
58dentist during the reporting period.
59     d.  The settings where the dental care was delivered.
60     5.  Anticipated plans of the dentist to change the status
61of his or her license or practice.
62     6.  The dentist's areas of specialty or certification.
63     7.  The year that the dentist completed a specialty program
64recognized by the American Dental Association.
65     8.  For a hygienist:
66     a.  The average number of patients treated per week by the
67hygienist during the reporting period.
68     b.  The settings where the dental care was delivered.
69     9.  The dentist's memberships in professional
70organizations.
71     10.  The number of pro bono hours provided by the dentist
72or dental hygienist during the last biennium.
73     (b)  Information concerning the availability and trends
74relating to critically needed services, including, but not
75limited to, the following types of care provided by the dentist
76or dental hygienist:
77     1.  Dental care to children having special needs.
78     2.  Geriatric dental care.
79     3.  Dental services in emergency departments.
80     4.  Medicaid services.
81     5.  Other critically needed specialty areas, as determined
82by the advisory body.
83     (2)  In addition to the completed survey, the dentist or
84dental hygienist must submit a statement that the information
85provided is true and accurate to the best of his or her
86knowledge and belief.
87     (3)  Beginning in 2012, renewal of a license by a dentist
88or dental hygienist licensed under chapter 466, Florida
89Statutes, is not contingent upon the completion and submission
90of the dental workforce survey; however, for any subsequent
91license renewal, the board may not renew the license of any
92dentist or dental hygienist until the survey required under this
93section is completed and submitted by the licensee.
94     (4)(a)  Beginning in 2012, the Board of Dentistry shall
95issue a nondisciplinary citation to any dentist or dental
96hygienist licensed under chapter 466, Florida Statutes, who
97fails to complete the survey within 90 days after the renewal of
98his or her license to practice as a dentist or dental hygienist.
99     (b)  The citation must notify a dentist or dental hygienist
100who fails to complete the survey required by this section that
101his or her license will not be renewed for any subsequent
102license renewal unless the dentist or dental hygienist completes
103the survey.
104     (c)  In conjunction with issuing the license renewal notice
105required by s. 456.038, Florida Statutes, the board shall notify
106each dentist or dental hygienist licensed under chapter 466,
107Florida Statutes, who fails to complete the survey that the
108survey must be completed before the subsequent license renewal.
109     Section 2.  (1)  The Department of Health shall serve as
110the coordinating body for the purpose of collecting and
111regularly updating and disseminating dental workforce data. The
112department shall work with multiple stakeholders, including the
113Florida Dental Association and the Florida Dental Hygiene
114Association, to assess and share with all communities of
115interest all data collected in a timely fashion.
116     (2)  The Department of Health shall maintain a current
117database to serve as a statewide source of data concerning the
118dental workforce. The department, in conjunction with the board,
119shall also:
120     (a)  Develop strategies to maximize federal and state
121programs that provide incentives for dentists to practice in
122shortage areas that are federally designated. Strategies shall
123include programs such as the Florida Health Services Corps
124established under s. 381.0302, Florida Statutes.
125     (b)  Work in conjunction with an advisory body to address
126matters relating to the state's dental workforce. The advisory
127body shall provide input on developing questions for the dentist
128workforce survey. An advisory body shall include, but need not
129be limited to, the State Surgeon General or his or her designee,
130the dean of each dental school accredited in the United States
131and based in this state or his or her designee, a representative
132from the Florida Dental Association, a representative from the
133Florida Dental Hygiene Association, a representative from the
134Florida Board of Dentistry, and a dentist from each of the
135dental specialties recognized by the American Dental
136Association's Commission on Dental Accreditation. Members of the
137advisory body shall serve without compensation.
138     (c)  Act as a clearinghouse for collecting and
139disseminating information concerning the dental workforce.
140     (3)  The Department of Health and the Board of Dentistry
141shall adopt rules necessary to administer this section.
142     Section 3.  It is the intent of the Legislature that the
143Department of Health and the Board of Dentistry implement the
144provisions of this act within existing resources.
145     Section 4.  Paragraph (t) of subsection (2) of section
146499.01, Florida Statutes, is amended to read:
147     499.01  Permits.-
148     (2)  The following permits are established:
149     (t)  Health care clinic establishment permit.-Effective
150January 1, 2009, a health care clinic establishment permit is
151required for the purchase of a prescription drug by a place of
152business at one general physical location that provides health
153care or veterinary services, which is owned and operated by a
154business entity that has been issued a federal employer tax
155identification number. For the purpose of this paragraph, the
156term "qualifying practitioner" means a licensed health care
157practitioner defined in s. 456.001, or a veterinarian licensed
158under chapter 474, who is authorized under the appropriate
159practice act to prescribe and administer a prescription drug.
160     1.  An establishment must provide, as part of the
161application required under s. 499.012, designation of a
162qualifying practitioner who will be responsible for complying
163with all legal and regulatory requirements related to the
164purchase, recordkeeping, storage, and handling of the
165prescription drugs. In addition, the designated qualifying
166practitioner shall be the practitioner whose name, establishment
167address, and license number is used on all distribution
168documents for prescription drugs purchased or returned by the
169health care clinic establishment. Upon initial appointment of a
170qualifying practitioner, the qualifying practitioner and the
171health care clinic establishment shall notify the department on
172a form furnished by the department within 10 days after such
173employment. In addition, the qualifying practitioner and health
174care clinic establishment shall notify the department within 10
175days after any subsequent change.
176     2.  The health care clinic establishment must employ a
177qualifying practitioner at each establishment.
178     3.  In addition to the remedies and penalties provided in
179this part, a violation of this chapter by the health care clinic
180establishment or qualifying practitioner constitutes grounds for
181discipline of the qualifying practitioner by the appropriate
182regulatory board.
183     4.  The purchase of prescription drugs by the health care
184clinic establishment is prohibited during any period of time
185when the establishment does not comply with this paragraph.
186     5.  A health care clinic establishment permit is not a
187pharmacy permit or otherwise subject to chapter 465. A health
188care clinic establishment that meets the criteria of a modified
189Class II institutional pharmacy under s. 465.019 is not eligible
190to be permitted under this paragraph.
191     6.  This paragraph does not apply to the purchase of a
192prescription drug by a licensed practitioner under his or her
193license. A professional corporation or limited liability company
194composed of dentists and operating as authorized in s. 466.0285
195may pay for prescription drugs obtained by a practitioner
196licensed under chapter 466, and the licensed practitioner is
197deemed the purchaser and owner of the prescription drugs.
198     Section 5.  Paragraph (a) of subsection (6) of section
199624.91, Florida Statutes, is amended to read:
200     624.91  The Florida Healthy Kids Corporation Act.-
201     (6)  BOARD OF DIRECTORS.-
202     (a)  The Florida Healthy Kids Corporation shall operate
203subject to the supervision and approval of a board of directors
204chaired by the Chief Financial Officer or her or his designee,
205and composed of 12 11 other members selected for 3-year terms of
206office as follows:
207     1.  The Secretary of Health Care Administration, or his or
208her designee.
209     2.  One member appointed by the Commissioner of Education
210from the Office of School Health Programs of the Florida
211Department of Education.
212     3.  One member appointed by the Chief Financial Officer
213from among three members nominated by the Florida Pediatric
214Society.
215     4.  One member, appointed by the Governor, who represents
216the Children's Medical Services Program.
217     5.  One member appointed by the Chief Financial Officer
218from among three members nominated by the Florida Hospital
219Association.
220     6.  One member, appointed by the Governor, who is an expert
221on child health policy.
222     7.  One member, appointed by the Chief Financial Officer,
223from among three members nominated by the Florida Academy of
224Family Physicians.
225     8.  One member, appointed by the Governor, who represents
226the state Medicaid program.
227     9.  One member, appointed by the Chief Financial Officer,
228from among three members nominated by the Florida Association of
229Counties.
230     10.  The State Health Officer or her or his designee.
231     11.  The Secretary of Children and Family Services, or his
232or her designee.
233     12.  One member, appointed by the Governor, from among
234three members nominated by the Florida Dental Association.
235     Section 6.  This act shall take effect July 1, 2011.


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