Florida Senate - 2020 SB 1032
By Senator Baxley
12-01027-20 20201032__
1 A bill to be entitled
2 An act relating to licensure examinations for dental
3 practitioners; amending s. 466.006, F.S.; authorizing
4 passage of a dental examination produced by a
5 specified entity to satisfy licensure examination
6 requirements for applicants to practice dentistry in
7 this state; conforming provisions to changes made by
8 the act; making technical changes; amending s.
9 466.007, F.S.; authorizing passage of a dental hygiene
10 examination produced by a specified entity to satisfy
11 licensure examination requirements for applicants to
12 practice as dental hygienists in this state;
13 conforming provisions to changes made by the act;
14 making technical changes; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsections (1) and (4), paragraph (a) of
19 subsection (5), and paragraph (a) of subsection (6) of section
20 466.006, Florida Statutes, are amended to read:
21 466.006 Examination of dentists.—
22 (1)(a) It is the intent of the Legislature to reduce the
23 costs associated with an independent, state-developed practical
24 or clinical examination to measure an applicant’s ability to
25 practice the profession of dentistry and to use the American
26 Dental Licensing Examination developed by the American Board of
27 Dental Examiners, Inc., (ADEX) and the dental examination
28 developed by the Western Regional Examining Board (WREB) in lieu
29 of an independent, state-developed practical or clinical
30 examination. The Legislature finds that the American Dental
31 Licensing Examination and WREB’s dental examination, in both
32 their its structure and function, consistently meet meets
33 generally accepted testing standards and have has been found, as
34 they are it is currently organized and operated operating, to
35 adequately and reliably measure an applicant’s ability to
36 practice the profession of dentistry.
37 (b) Any person desiring to be licensed as a dentist shall
38 apply to the department to take one of the licensure
39 examinations identified in paragraph (a) and shall verify the
40 information required on the application by oath. The application
41 must shall include two recent photographs. The board shall There
42 shall be an application fee set a nonrefundable application fee,
43 which may by the board not to exceed $100 which shall be
44 nonrefundable. The board also There shall set also be an
45 examination fee set by the board, which may shall not exceed
46 $425 plus the actual per applicant cost to the department for
47 the purchase of some or all of the examinations examination from
48 ADEX and WREB, or their respective successor entities the
49 American Board of Dental Examiners or its successor entity, if
50 any, provided the board finds the successor entities’ entity’s
51 clinical examinations comply examination complies with the
52 provisions of this section. The examination fee may be refunded
53 refundable if the applicant is found ineligible to take an
54 examination the examinations.
55 (4) Notwithstanding any other provision of law in chapter
56 456 pertaining to the clinical dental licensure examination or
57 national examinations, to be licensed as a dentist in this
58 state, an applicant must successfully complete both of the
59 following:
60 (a) A written examination on the laws and rules of the
61 state regulating the practice of dentistry.;
62 (b)1. A practical or clinical examination, which must shall
63 be the American Dental Licensing Examination produced by ADEX
64 the American Board of Dental Examiners, Inc., or its successor
65 entity, if any, or the dental examination produced by WREB, or
66 its successor entity, if any, which that is administered in this
67 state and graded by dentists licensed in this state and employed
68 by the department for that just such purpose, provided that the
69 board has attained, and continues to maintain thereafter,
70 representation, as applicable, on the ADEX board of directors of
71 the American Board of Dental Examiners, the WREB board of
72 directors, the ADEX examination development committee, of the
73 American Board of Dental Examiners the WREB examination
74 development committee, and such other committees of ADEX and
75 WREB as the board identifies by rule as being appropriate to
76 ensure the American Board of Dental Examiners as the board deems
77 appropriate by rule to assure that the standards established
78 herein are maintained organizationally. A passing score on the
79 American Dental Licensing Examination or WREB’s dental
80 examination that is administered in this state and graded by
81 dentists who are licensed in this state is valid for 365 days
82 after the date the official examination results are published.
83 1.2.a. As an alternative to the requirements of this
84 paragraph subparagraph 1., an applicant may submit scores from
85 the an American Dental Licensing Examination or WREB’s dental
86 examination that was previously administered in a jurisdiction
87 other than this state and that was completed by the applicant
88 after October 1, 2011, and such examination results must shall
89 be recognized as valid for the purpose of licensure in this
90 state. A passing score on the American Dental Licensing
91 Examination or WREB’s dental examination that was administered
92 out-of-state is shall be the same as the passing score for the
93 American Dental Licensing Examination or WREB’s dental
94 examination that was administered in this state and graded by
95 dentists who are licensed in this state. Except as provided in
96 subparagraph 2., the examination results are valid for 365 days
97 after the date the official examination results are published.
98 The applicant must have completed the examination after October
99 1, 2011.
100 b. This subparagraph may not be given retroactive
101 application.
102 2.3. If more than 365 days have passed since the date of an
103 applicant’s passing scores from the American Dental Licensing
104 Examination or WREB’s dental examination that was scores from an
105 examination previously administered in a jurisdiction other than
106 this state under subparagraph 1. 2. is older than 365 days, then
107 such scores must shall nevertheless be recognized as valid for
108 the purpose of licensure in this state, but only if the
109 applicant demonstrates that all of the following additional
110 standards have been met:
111 a.(I) The applicant completed the American Dental Licensing
112 Examination or WREB’s dental examination after October 1, 2011.
113 (II) This sub-subparagraph may not be given retroactive
114 application;
115 b. The applicant graduated from a dental school accredited
116 by the American Dental Association Commission on Dental
117 Accreditation or its successor entity, if any, or any other
118 dental accrediting organization recognized by the United States
119 Department of Education. Provided, however, if the applicant did
120 not graduate from such a dental school, the applicant may submit
121 proof of having successfully completed a full-time supplemental
122 general dentistry program accredited by the American Dental
123 Association Commission on Dental Accreditation of at least 2
124 consecutive academic years at such accredited sponsoring
125 institution. Such program must provide didactic and clinical
126 education at the level of a D.D.S. or D.M.D. program accredited
127 by the American Dental Association Commission on Dental
128 Accreditation;
129 c. The applicant currently possesses a valid and active
130 dental license in good standing, with no restriction, which has
131 never been revoked, suspended, restricted, or otherwise
132 disciplined, from another state or territory of the United
133 States, the District of Columbia, or the Commonwealth of Puerto
134 Rico;
135 d. The applicant submits proof that he or she has never
136 been reported to the National Practitioner Data Bank, the
137 Healthcare Integrity and Protection Data Bank, or the American
138 Association of Dental Boards Clearinghouse. This sub
139 subparagraph does not apply if the applicant successfully
140 appealed to have his or her name removed from the data banks of
141 these agencies;
142 e.(I) For In the 5 years immediately preceding the date of
143 application for licensure in this state, the applicant submits
144 must submit proof of having been consecutively engaged in the
145 full-time practice of dentistry in another state or territory of
146 the United States, the District of Columbia, or the Commonwealth
147 of Puerto Rico, or, if the applicant has been licensed in
148 another state or territory of the United States, the District of
149 Columbia, or the Commonwealth of Puerto Rico for less than 5
150 years, the applicant must submit proof of having been engaged in
151 the full-time practice of dentistry since the date of his or her
152 initial licensure.
153 (I)(II) As used in this sub-subparagraph and subsection (6)
154 section, “full-time practice” is defined as a minimum of 1,200
155 hours per year for each and every year in the consecutive 5-year
156 period or, when where applicable, the period since initial
157 licensure, and must include any combination of the following:
158 (A) Active clinical practice of dentistry providing direct
159 patient care.
160 (B) Full-time practice as a faculty member employed by a
161 dental or dental hygiene school approved by the board or
162 accredited by the American Dental Association Commission on
163 Dental Accreditation.
164 (C) Full-time practice as a student at a postgraduate
165 dental education program approved by the board or accredited by
166 the American Dental Association Commission on Dental
167 Accreditation.
168 (II)(III) The board shall develop rules to determine what
169 type of proof of full-time practice is required and to recoup
170 the cost to the board of verifying full-time practice under this
171 section. Such proof must, at a minimum, be:
172 (A) Admissible as evidence in an administrative proceeding;
173 (B) Submitted in writing;
174 (C) Submitted by the applicant under oath with penalties of
175 perjury attached;
176 (D) Further documented by an affidavit of someone unrelated
177 to the applicant who is familiar with the applicant’s practice
178 and testifies with particularity that the applicant has been
179 engaged in full-time practice; and
180 (E) Specifically found by the board to be both credible and
181 admissible.
182 (III)(IV) An affidavit of only the applicant is not
183 acceptable proof of full-time practice unless it is further
184 attested to by someone unrelated to the applicant who has
185 personal knowledge of the applicant’s practice. If the board
186 deems it necessary to assess credibility or accuracy, the board
187 may require the applicant or the applicant’s witnesses to appear
188 before the board and give oral testimony under oath;
189 f. The applicant submits must submit documentation that he
190 or she has completed, or will complete, prior to licensure in
191 this state, continuing education equivalent to this state’s
192 requirements for the last full reporting biennium;
193 g. The applicant proves must prove that he or she has never
194 been convicted of, or pled nolo contendere to, regardless of
195 adjudication, any felony or misdemeanor related to the practice
196 of a health care profession in any jurisdiction;
197 h. The applicant must successfully passes pass a written
198 examination on the laws and rules of this state regulating the
199 practice of dentistry and must successfully pass the computer
200 based diagnostic skills examination; and
201 i. The applicant submits must submit documentation that he
202 or she has successfully completed the National Board of Dental
203 Examiners dental examination.
204 (5)(a) The practical examination required under subsection
205 (4) must shall be the American Dental Licensing Examination
206 developed by the American Board of Dental Examiners, Inc., or
207 its successor entity, if any, provided the board finds that the
208 successor entity’s clinical examination complies with the
209 provisions of this section, and shall include, at a minimum:
210 1. A comprehensive diagnostic skills examination covering
211 the full scope of dentistry and an examination on applied
212 clinical diagnosis and treatment planning in dentistry for
213 dental candidates;
214 2. Two restorations on a live patient or patients. The
215 board by rule shall determine the class of such restorations;
216 3. A demonstration of periodontal skills on a live patient;
217 4. A demonstration of prosthetics and restorative skills in
218 complete and partial dentures and crowns and bridges and the
219 utilization of practical methods of evaluation, specifically
220 including the evaluation by the candidate of completed
221 laboratory products such as, but not limited to, crowns and
222 inlays filled to prepared model teeth;
223 5. A demonstration of restorative skills on a mannequin
224 which requires the candidate to complete procedures performed in
225 preparation for a cast restoration;
226 6. A demonstration of endodontic skills; and
227 7. A diagnostic skills examination demonstrating ability to
228 diagnose conditions within the human oral cavity and its
229 adjacent tissues and structures from photographs, slides,
230 radiographs, or models pursuant to rules of the board. If an
231 applicant fails to pass the diagnostic skills examination in
232 three attempts, the applicant is shall not be eligible for
233 reexamination unless she or he completes additional educational
234 requirements established by the board.
235
236 The department shall require a mandatory standardization
237 exercise for all examiners prior to each practical or clinical
238 examination and shall retain for employment only those dentists
239 who have substantially adhered to the standard of grading
240 established at such exercise.
241 (6)(a) It is the finding of The Legislature finds that it
242 is an important state interest to improve access to dental care
243 for underserved citizens of this state and to further the
244 economic development goals of the state, and that, absent a
245 threat to the health, safety, and welfare of the public, the
246 relocation of individuals who are lawfully and currently
247 practicing dentistry in another state or territory of the United
248 States, the District of Columbia, or the Commonwealth of Puerto
249 Rico, as applicants to practice dentistry within the geographic
250 boundaries of this state, who are lawfully and currently
251 practicing dentistry in another state or territory of the United
252 States, the District of Columbia, or the Commonwealth of Puerto
253 Rico, based on their scores from the American Dental Licensing
254 Examination or WREB’s dental examination administered in a state
255 other than this state, is substantially related to achieving
256 those the important state interests interest of improving access
257 to dental care for underserved citizens of this state and
258 furthering the economic development goals of the state.
259 Therefore, in order to maintain valid active licensure in this
260 state, all applicants for licensure who are relocating to this
261 state based on scores from the American Dental Licensing
262 Examination or WREB’s dental examination administered in a state
263 other than this state shall must actually engage in the full
264 time practice of dentistry, as defined in sub-subparagraph
265 (4)(b)2.e., inside the geographic boundaries of this state
266 within 1 year after of receiving such licensure in this state.
267 The Legislature further finds that, if such applicants do not
268 actually engage in the full-time practice of dentistry within
269 the geographic boundaries of this state within 1 year after of
270 receiving such a license in this state, access to dental care
271 for the public will not significantly increase, patients’
272 continuity of care will not be attained, and the economic
273 development goals of the state will not be significantly met.
274 Section 2. Paragraph (b) of subsection (4) and subsections
275 (5) and (6) of section 466.007, Florida Statutes, are amended to
276 read:
277 466.007 Examination of dental hygienists.—
278 (4) Effective July 1, 2012, to be licensed as a dental
279 hygienist in this state, an applicant must successfully complete
280 the following:
281 (b) A practical or clinical examination, which must
282 approved by the board. The examination shall be the Dental
283 Hygiene Examination produced by the American Board of Dental
284 Examiners, Inc., (ADEX) or its successor entity, if any, or the
285 dental hygiene examination produced by the Western Regional
286 Examining Board (WREB), or its successor entity, if any, if the
287 board finds that the successor entities’ entity’s clinical
288 examination meets or exceeds the provisions of this section. The
289 board shall approve the ADEX Dental Hygiene Examination and
290 WREB’s dental hygiene examination if the board has attained and
291 continues to maintain representation, as applicable, on the ADEX
292 House of Representatives, the WREB board of directors, the ADEX
293 dental hygiene examination development committee, the WREB
294 dental hygiene examination review board, and such other ADEX and
295 WREB dental hygiene committees as the board identifies by rule
296 as being appropriate deems appropriate through rulemaking to
297 ensure that the standards established in this section are
298 maintained organizationally. The ADEX Dental Hygiene Examination
299 and WREB’s dental hygiene examination, or the examination
300 produced by their respective successor entities, if any, its
301 successor entity is a comprehensive examination in which an
302 applicant must demonstrate skills within the dental hygiene
303 scope of practice on a live patient and any other components
304 that the board deems necessary for the applicant to successfully
305 demonstrate competency for the purpose of licensure. The ADEX
306 Dental Hygiene Examination and WREB’s dental hygiene
307 examination, or the examination produced by their respective
308 successor entities, if any, by the successor entity administered
309 in this state shall be graded by dentists and dental hygienists
310 licensed in this state who are employed by the department for
311 this purpose.
312 (5) Effective July 1, 2012, an applicant who has completed
313 the ADEX Dental Hygiene Examination or WREB’s dental hygiene
314 examination in a jurisdiction other than this state and who has
315 obtained a passing score may practice dental hygiene in this
316 state if the applicant:
317 (a) Has successfully completed the National Board Dental
318 Hygiene Examination at any time before the date of application;
319 (b) Has been certified by the American Dental Association
320 Joint Commission on National Dental Examinations at any time
321 before the date of application, as specified by state law;
322 (c) Has successfully completed a written examination on the
323 laws and rules of this state regulating the practice of dental
324 hygiene;
325 (d) Has not been disciplined by a board, except for
326 citation offenses or minor violations; and
327 (e) Has not been convicted of or pled nolo contendere to,
328 regardless of adjudication, any felony or misdemeanor related to
329 the practice of a health care profession.
330 (6)(a) A passing score on the ADEX Dental Hygiene
331 Examination or WREB’s dental hygiene examination that is
332 administered out of state is shall be considered the same as a
333 passing score for the ADEX Dental Hygiene Examination or WREB’s
334 dental hygiene examination administered in this state and graded
335 by licensed dentists and dental hygienists licensed in this
336 state.
337 (b) If an applicant fails to pass the ADEX Dental Hygiene
338 Examination or WREB’s dental hygiene examination in three
339 attempts, the applicant is not eligible to retake the
340 examination unless the applicant completes additional education
341 requirements as specified by the board.
342 Section 3. This act shall take effect July 1, 2020.