Florida Senate - 2024                                     SB 938
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00255-24                                             2024938__
    1                        A bill to be entitled                      
    2         An act relating to dentistry; amending s. 466.006,
    3         F.S.; deleting the role of the Board of Dentistry in
    4         the administration of the licensure examination for
    5         dentists; deleting the requirement for the board to
    6         establish an examination fee; revising requirements
    7         for licensure as a dentist; deleting a time limitation
    8         on the validity of certain licensure examination
    9         results; conforming provisions to changes made by the
   10         act; deleting a requirement that certain applicants
   11         for licensure engage in the full-time practice of
   12         dentistry inside the geographic boundaries of this
   13         state for 1 year after licensure; deleting provisions
   14         related to compliance with and enforcement of such
   15         requirement; amending s. 466.009, F.S.; conforming a
   16         provision to changes made by the act; deleting a
   17         board-imposed reexamination fee; amending s. 466.0135,
   18         F.S.; revising continuing education requirements for
   19         dentists; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Paragraph (b) of subsection (1), subsection (2),
   24  paragraph (b) of subsection (4), and subsections (5) and (6) of
   25  section 466.006, Florida Statutes, are amended to read:
   26         466.006 Examination of dentists.—
   27         (1)
   28         (b) Any person desiring to be licensed as a dentist must
   29  shall apply to the department to take the licensure examinations
   30  and shall verify the information required on the application by
   31  oath. The application shall include two recent photographs.
   32  There is shall be an application fee set by the board which may
   33  not to exceed $100 and is which shall be nonrefundable. There
   34  shall also be an examination fee set by the board, which shall
   35  not exceed $425 plus the actual per applicant cost to the
   36  department for purchase of some or all of the examination from
   37  the American Board of Dental Examiners or its successor entity,
   38  if any, provided the board finds the successor entity’s clinical
   39  examination complies with the provisions of this section. The
   40  examination fee may be refundable if the applicant is found
   41  ineligible to take the examinations.
   42         (2) The department shall license an applicant who the board
   43  certifies meets all of the following criteria shall be entitled
   44  to take the examinations required in this section to practice
   45  dentistry in this state if the applicant:
   46         (a) Is 18 years of age or older.
   47         (b)1. Is a graduate of a dental school accredited by the
   48  American Dental Association Commission on Dental Accreditation
   49  or its successor entity, if any, or any other dental accrediting
   50  entity recognized by the United States Department of Education;
   51  or
   52         2. Is a dental student in the final year of a program at
   53  such an accredited dental school who has completed all the
   54  coursework necessary to prepare the student to perform the
   55  clinical and diagnostic procedures required to pass the
   56  licensure examinations. With respect to a dental student in the
   57  final year of a program at a dental school, a passing score on
   58  the examinations is valid for 365 days after the date the
   59  examinations were completed. A dental school student who takes
   60  the licensure examinations during the student’s final year of an
   61  approved dental school must graduate have graduated before being
   62  certified for licensure pursuant to s. 466.011.
   63         (c)1. Has successfully completed the examination
   64  administered by the Joint Commission on National Dental
   65  Examinations or its successor organization National Board of
   66  Dental Examiners dental examination; or
   67         2. Has an active health access dental license in this
   68  state; and
   69         a. The applicant has at least 5,000 hours within 4
   70  consecutive years of clinical practice experience providing
   71  direct patient care in a health access setting as defined in s.
   72  466.003; the applicant is a retired veteran dentist of any
   73  branch of the United States Armed Services who has practiced
   74  dentistry while on active duty and has at least 3,000 hours
   75  within 3 consecutive years of clinical practice experience
   76  providing direct patient care in a health access setting as
   77  defined in s. 466.003; or the applicant has provided a portion
   78  of his or her salaried time teaching health profession students
   79  in any public education setting, including, but not limited to,
   80  a community college, college, or university, and has at least
   81  3,000 hours within 3 consecutive years of clinical practice
   82  experience providing direct patient care in a health access
   83  setting as defined in s. 466.003;
   84         b. The applicant has not been disciplined by the board,
   85  except for citation offenses or minor violations;
   86         c. The applicant has not filed a report pursuant to s.
   87  456.049; and
   88         d. The applicant has not been convicted of or pled nolo
   89  contendere to, regardless of adjudication, any felony or
   90  misdemeanor related to the practice of a health care profession.
   91         (4) Notwithstanding any other provision of law in chapter
   92  456 pertaining to the clinical dental licensure examination or
   93  national examinations, to be licensed as a dentist in this
   94  state, an applicant must successfully complete both of the
   95  following:
   96         (b) A practical or clinical examination, which must be the
   97  American Dental Licensing Examination produced by the American
   98  Board of Dental Examiners, Inc., or its successor entity, if
   99  any, which that is administered in this state, provided that the
  100  board has attained, and continues to maintain thereafter,
  101  representation on the board of directors of the American Board
  102  of Dental Examiners, the examination development committee of
  103  the American Board of Dental Examiners, and such other
  104  committees of the American Board of Dental Examiners as the
  105  board deems appropriate by rule to assure that the standards
  106  established herein are maintained organizationally. A passing
  107  score on the American Dental Licensing Examination administered
  108  in this state is valid for 365 days after the date the official
  109  examination results are published.
  110         1. As an alternative to such practical or clinical
  111  examination, an applicant may submit scores from an American
  112  Dental Licensing Examination previously administered in a
  113  jurisdiction other than this state after October 1, 2011, and
  114  such examination results are shall be recognized as valid for
  115  the purpose of licensure in this state. A passing score on the
  116  American Dental Licensing Examination administered out of state
  117  is shall be the same as the passing score for the American
  118  Dental Licensing Examination administered in this state. The
  119  examination results are valid for 365 days after the date the
  120  official examination results are published. The applicant must
  121  have completed the examination after October 1, 2011. This
  122  subparagraph may not be given retroactive application.
  123         2. If the date of an applicant’s passing American Dental
  124  Licensing Examination scores from an examination previously
  125  administered in a jurisdiction other than this state under
  126  subparagraph 1. is older than 365 days, such scores are
  127  nevertheless valid for the purpose of licensure in this state,
  128  but only if the applicant demonstrates that all of the following
  129  additional standards have been met:
  130         a. The applicant completed the American Dental Licensing
  131  Examination after October 1, 2011. This sub-subparagraph may not
  132  be given retroactive application.;
  133         b. The applicant graduated from a dental school accredited
  134  by the American Dental Association Commission on Dental
  135  Accreditation or its successor entity, if any, or any other
  136  dental accrediting organization recognized by the United States
  137  Department of Education. Provided, however, if the applicant did
  138  not graduate from such a dental school, the applicant may submit
  139  proof of having successfully completed a full-time supplemental
  140  general dentistry program accredited by the American Dental
  141  Association Commission on Dental Accreditation of at least 2
  142  consecutive academic years at such accredited sponsoring
  143  institution. Such program must provide didactic and clinical
  144  education at the level of a D.D.S. or D.M.D. program accredited
  145  by the American Dental Association Commission on Dental
  146  Accreditation. For purposes of this sub-subparagraph, a
  147  supplemental general dentistry program does not include an
  148  advanced education program in a dental specialty.;
  149         c. The applicant currently possesses a valid and active
  150  dental license in good standing, with no restriction, which has
  151  never been revoked, suspended, restricted, or otherwise
  152  disciplined, from another state or territory of the United
  153  States, the District of Columbia, or the Commonwealth of Puerto
  154  Rico.;
  155         d. The applicant must disclose to the board during the
  156  application process if submits proof that he or she has never
  157  been reported to the National Practitioner Data Bank, the
  158  Healthcare Integrity and Protection Data Bank, or the American
  159  Association of Dental Boards Clearinghouse. This sub
  160  subparagraph does not apply if the applicant successfully
  161  appealed to have his or her name removed from the data banks of
  162  these agencies.;
  163         e.(I)(A) The applicant submits proof of having been
  164  consecutively engaged in the full-time practice of dentistry in
  165  another state or territory of the United States, the District of
  166  Columbia, or the Commonwealth of Puerto Rico in the 5 years
  167  immediately preceding the date of application for licensure in
  168  this state; or
  169         (B) If the applicant has been licensed in another state or
  170  territory of the United States, the District of Columbia, or the
  171  Commonwealth of Puerto Rico for less than 5 years, the applicant
  172  submits proof of having been engaged in the full-time practice
  173  of dentistry since the date of his or her initial licensure.
  174         (II) As used in this section, “full-time practice” is
  175  defined as a minimum of 1,200 hours per year for each and every
  176  year in the consecutive 5-year period or, when applicable, the
  177  period since initial licensure, and must include any combination
  178  of the following:
  179         (A) Active clinical practice of dentistry providing direct
  180  patient care.
  181         (B) Full-time practice as a faculty member employed by a
  182  dental or dental hygiene school approved by the board or
  183  accredited by the American Dental Association Commission on
  184  Dental Accreditation.
  185         (C) Full-time practice as a student at a postgraduate
  186  dental education program approved by the board or accredited by
  187  the American Dental Association Commission on Dental
  188  Accreditation.
  189         (III) The board shall develop rules to determine what type
  190  of proof of full-time practice is required and to recoup the
  191  cost to the board of verifying full-time practice under this
  192  section. Such proof must, at a minimum, be:
  193         (A) Admissible as evidence in an administrative proceeding;
  194         (B) Submitted in writing;
  195         (C) Submitted by the applicant under oath with penalties of
  196  perjury attached;
  197         (D) Further documented by an applicant’s annual income tax
  198  return filed with the Internal Revenue Service for each year in
  199  the preceding 5-year period or, if the applicant has been
  200  practicing for less than 5 years, the period since initial
  201  licensure affidavit of someone unrelated to the applicant who is
  202  familiar with the applicant’s practice and testifies with
  203  particularity that the applicant has been engaged in full-time
  204  practice; and
  205         (D)(E) Specifically found by the board to be both credible
  206  and admissible.
  207         (IV) The board may excuse applicants from the 1,200-hour
  208  requirement in the event of hardship, as defined by the board.
  209  An affidavit of only the applicant is not acceptable proof of
  210  full-time practice unless it is further attested to by someone
  211  unrelated to the applicant who has personal knowledge of the
  212  applicant’s practice. If the board deems it necessary to assess
  213  credibility or accuracy, the board may require the applicant or
  214  the applicant’s witnesses to appear before the board and give
  215  oral testimony under oath;
  216         f. The applicant submits documentation that he or she has
  217  completed, or will complete before he or she is licensed in this
  218  state, continuing education equivalent to this state’s
  219  requirements for the last full reporting biennium.;
  220         g. The applicant proves that he or she has never been
  221  convicted of, or pled nolo contendere to, regardless of
  222  adjudication, any felony or misdemeanor related to the practice
  223  of a health care profession in any jurisdiction.;
  224         h. The applicant has successfully passed a written
  225  examination on the laws and rules of this state regulating the
  226  practice of dentistry and the computer-based diagnostic skills
  227  examination.; and
  228         i. The applicant submits documentation that he or she has
  229  successfully completed the applicable examination administered
  230  by the Joint Commission on National Dental Examinations or its
  231  successor organization.
  232         (5)(a) The practical examination required under subsection
  233  (4) is the American Dental Licensing Examination developed by
  234  the American Board of Dental Examiners, Inc., or its successor
  235  entity, if any, provided the board finds that the successor
  236  entity’s clinical examination complies with the provisions of
  237  this section, and must include, at a minimum, all of the
  238  following:
  239         1. A comprehensive diagnostic skills examination covering
  240  the full scope of dentistry and an examination on applied
  241  clinical diagnosis and treatment planning in dentistry for
  242  dental candidates.;
  243         2. Two restorations on a manikin that has typodont teeth
  244  with simulated caries as approved by the Commission on Dental
  245  Competency Assessments. The board by rule shall determine the
  246  class of such restorations.;
  247         3. A demonstration of periodontal skills on a manikin that
  248  has typodont teeth with simulated calculus as approved by the
  249  Commission on Dental Competency Assessments.;
  250         4. A demonstration of prosthetics and restorative skills in
  251  complete and partial dentures and crowns and bridges and the
  252  utilization of practical methods of evaluation, specifically
  253  including the evaluation by the candidate of completed
  254  laboratory products such as, but not limited to, crowns and
  255  inlays filled to prepared model teeth.;
  256         5. A demonstration of restorative skills on a manikin which
  257  requires the candidate to complete procedures performed in
  258  preparation for a cast restoration.;
  259         6. A demonstration of endodontic skills.; and
  260         7. A diagnostic skills examination demonstrating ability to
  261  diagnose conditions within the human oral cavity and its
  262  adjacent tissues and structures from photographs, slides,
  263  radiographs, or models pursuant to rules of the board. If an
  264  applicant fails to pass the diagnostic skills examination in
  265  three attempts, the applicant is not eligible for reexamination
  266  unless she or he completes additional educational requirements
  267  established by the board.
  268         (b) The department shall consult with the board in planning
  269  the times, places, physical facilities, training of personnel,
  270  and other arrangements concerning the administration of the
  271  examination. The board or a duly designated committee thereof
  272  shall approve the final plans for the administration of the
  273  examination;
  274         (c) If the applicant fails to pass the clinical examination
  275  in three attempts, the applicant is shall not be eligible for
  276  reexamination unless she or he completes additional educational
  277  requirements established by the board.; and
  278         (c)(d) The board may by rule provide for additional
  279  procedures that which are to be tested, provided such procedures
  280  are shall be common to the practice of general dentistry. The
  281  board by rule shall determine the passing grade for each
  282  procedure and the acceptable variation for examiners. No Such
  283  rules may not rule shall apply retroactively.
  284  
  285  The department shall require a mandatory standardization
  286  exercise for all examiners prior to each practical or clinical
  287  examination and shall retain for employment only those dentists
  288  who have substantially adhered to the standard of grading
  289  established at such exercise.
  290         (6)(a) It is the finding of the Legislature that absent a
  291  threat to the health, safety, and welfare of the public, the
  292  relocation of applicants to practice dentistry within the
  293  geographic boundaries of this state, who are lawfully and
  294  currently practicing dentistry in another state or territory of
  295  the United States, the District of Columbia, or the Commonwealth
  296  of Puerto Rico, based on their scores from the American Dental
  297  Licensing Examination administered in a state other than this
  298  state, is substantially related to achieving the important state
  299  interest of improving access to dental care for underserved
  300  citizens of this state and furthering the economic development
  301  goals of the state. Therefore, in order to maintain valid active
  302  licensure in this state, all applicants for licensure who are
  303  relocating to this state based on scores from the American
  304  Dental Licensing Examination administered in a state other than
  305  this state must actually engage in the full-time practice of
  306  dentistry inside the geographic boundaries of this state within
  307  1 year of receiving such licensure in this state. The
  308  Legislature finds that, if such applicants do not actually
  309  engage in the full-time practice of dentistry within the
  310  geographic boundaries of this state within 1 year of receiving
  311  such a license in this state, access to dental care for the
  312  public will not significantly increase, patients’ continuity of
  313  care will not be attained, and the economic development goals of
  314  the state will not be significantly met.
  315         (b)1. As used in this section, “full-time practice of
  316  dentistry within the geographic boundaries of this state within
  317  1 year” is defined as a minimum of 1,200 hours in the initial
  318  year of licensure, which must include any combination of the
  319  following:
  320         a. Active clinical practice of dentistry providing direct
  321  patient care within the geographic boundaries of this state.
  322         b. Full-time practice as a faculty member employed by a
  323  dental or dental hygiene school approved by the board or
  324  accredited by the American Dental Association Commission on
  325  Dental Accreditation and located within the geographic
  326  boundaries of this state.
  327         c. Full-time practice as a student at a postgraduate dental
  328  education program approved by the board or accredited by the
  329  American Dental Association Commission on Dental Accreditation
  330  and located within the geographic boundaries of this state.
  331         2. The board shall develop rules to determine what type of
  332  proof of full-time practice of dentistry within the geographic
  333  boundaries of this state for 1 year is required in order to
  334  maintain active licensure and shall develop rules to recoup the
  335  cost to the board of verifying maintenance of such full-time
  336  practice under this section. Such proof must, at a minimum:
  337         a. Be admissible as evidence in an administrative
  338  proceeding;
  339         b. Be submitted in writing;
  340         c. Be submitted by the applicant under oath with penalties
  341  of perjury attached;
  342         d. Be further documented by an affidavit of someone
  343  unrelated to the applicant who is familiar with the applicant’s
  344  practice and testifies with particularity that the applicant has
  345  been engaged in full-time practice of dentistry within the
  346  geographic boundaries of this state within the last 365 days;
  347  and
  348         e. Include such additional proof as specifically found by
  349  the board to be both credible and admissible.
  350         3. An affidavit of only the applicant is not acceptable
  351  proof of full-time practice of dentistry within the geographic
  352  boundaries of this state within 1 year, unless it is further
  353  attested to by someone unrelated to the applicant who has
  354  personal knowledge of the applicant’s practice within the last
  355  365 days. If the board deems it necessary to assess credibility
  356  or accuracy, the board may require the applicant or the
  357  applicant’s witnesses to appear before the board and give oral
  358  testimony under oath.
  359         (c) It is the further intent of the Legislature that a
  360  license issued pursuant to paragraph (a) shall expire in the
  361  event the board finds that it did not receive acceptable proof
  362  of full-time practice within the geographic boundaries of this
  363  state within 1 year after the initial issuance of the license.
  364  The board shall make reasonable attempts within 30 days prior to
  365  the expiration of such a license to notify the licensee in
  366  writing at his or her last known address of the need for proof
  367  of full-time practice in order to continue licensure. If the
  368  board has not received a satisfactory response from the licensee
  369  within the 30-day period, the licensee must be served with
  370  actual or constructive notice of the pending expiration of
  371  licensure and be given 20 days in which to submit proof required
  372  in order to continue licensure. If the 20-day period expires and
  373  the board finds it has not received acceptable proof of full
  374  time practice within the geographic boundaries of this state
  375  within 1 year after the initial issuance of the license, then
  376  the board must issue an administrative order finding that the
  377  license has expired. Such an order may be appealed by the former
  378  licensee in accordance with the provisions of chapter 120. In
  379  the event of expiration, the licensee shall immediately cease
  380  and desist from practicing dentistry and shall immediately
  381  surrender to the board the wallet-size identification card and
  382  wall card. A person who uses or attempts to use a license issued
  383  pursuant to this section which has expired commits unlicensed
  384  practice of dentistry, a felony of the third degree pursuant to
  385  s. 466.026(1)(b), punishable as provided in s. 775.082, s.
  386  775.083, or s. 775.084.
  387         Section 2. Subsection (1) of section 466.009, Florida
  388  Statutes, is amended to read:
  389         466.009 Reexamination.—
  390         (1) The department shall permit Any person who fails an
  391  examination that which is required under s. 466.006 or s.
  392  466.007 may to retake the examination. If the examination to be
  393  retaken is a practical or clinical examination, the applicant
  394  shall pay a reexamination fee set by rule of the board in an
  395  amount not to exceed the original examination fee.
  396         Section 3. Paragraph (c) of subsection (1) of section
  397  466.0135, Florida Statutes, is amended to read:
  398         466.0135 Continuing education; dentists.—
  399         (1) In addition to the other requirements for renewal set
  400  out in this chapter, each licensed dentist shall be required to
  401  complete biennially not less than 30 hours of continuing
  402  professional education in dental subjects, with a minimum of 2
  403  hours of continuing education on the safe and effective
  404  prescribing of controlled substances. Programs of continuing
  405  education shall be programs of learning that contribute directly
  406  to the dental education of the dentist and may include, but
  407  shall not be limited to, attendance at lectures, study clubs,
  408  college postgraduate courses, or scientific sessions of
  409  conventions; and research, graduate study, teaching, or service
  410  as a clinician. Programs of continuing education shall be
  411  acceptable when adhering to the following general guidelines:
  412         (c) The board may also authorize up to 3 hours of credit
  413  biennially for a practice management course that includes
  414  instruction on principles of ethical practice management,
  415  provides substance abuse, effective communication with patients,
  416  time management, or and burnout prevention instruction.
  417         Section 4. This act shall take effect July 1, 2024.