| 1 | A bill to be entitled |
| 2 | An act relating to the practice of dentistry; requiring |
| 3 | persons who apply for licensure renewal as dentists or |
| 4 | dental hygienists to furnish certain information to the |
| 5 | Department of Health in a dental workforce survey; |
| 6 | requiring the Board of Dentistry to issue a |
| 7 | nondisciplinary citation and a notice for failure to |
| 8 | complete the survey within a specified time; providing |
| 9 | notification requirements for the citation; requiring the |
| 10 | department to serve as the coordinating body for the |
| 11 | purpose of collecting, disseminating, and updating dental |
| 12 | workforce data; requiring the department to maintain a |
| 13 | database regarding the state's dental workforce; requiring |
| 14 | the department to develop strategies to maximize federal |
| 15 | and state programs and to work with an advisory body to |
| 16 | address matters relating to the state's dental workforce; |
| 17 | providing membership of the advisory body; requiring the |
| 18 | department to act as a clearinghouse for collecting and |
| 19 | disseminating information regarding the dental workforce; |
| 20 | requiring the department and the board to adopt rules; |
| 21 | providing legislative intent regarding implementation of |
| 22 | the act within existing resources; amending s. 499.01, |
| 23 | F.S.; authorizing certain business entities to pay for |
| 24 | prescription drugs obtained by practitioners licensed |
| 25 | under ch. 466, F.S.; providing an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Dental workforce survey.- |
| 30 | (1) Beginning in 2012, each person who applies for |
| 31 | licensure renewal as a dentist or dental hygienist under chapter |
| 32 | 466, Florida Statutes, must, in conjunction with the renewal of |
| 33 | such license under procedures and forms adopted by the Board of |
| 34 | Dentistry and in addition to any other information that may be |
| 35 | required from the applicant, furnish the following information |
| 36 | to the Department of Health, working in conjunction with the |
| 37 | board, in a dental workforce survey: |
| 38 | (a) Licensee information, including, but not limited to: |
| 39 | 1. The name of the dental school or dental hygiene program |
| 40 | that the dentist or dental hygienist graduated from and the year |
| 41 | of graduation. |
| 42 | 2. The year that the dentist or dental hygienist began |
| 43 | practicing or working in this state. |
| 44 | 3. The geographic location of the dentist's or dental |
| 45 | hygienist's practice or address within the state. |
| 46 | 4. For a dentist in private practice: |
| 47 | a. The number of full-time dental hygienists employed by |
| 48 | the dentist during the reporting period. |
| 49 | b. The number of full-time dental assistants employed by |
| 50 | the dentist during the reporting period. |
| 51 | c. The average number of patients treated per week by the |
| 52 | dentist during the reporting period. |
| 53 | d. The settings where the dental care was provided. |
| 54 | 5. Anticipated plans of the dentist to change the status |
| 55 | of his or her license or practice. |
| 56 | 6. The dentist's areas of specialty or certification. |
| 57 | 7. The year that the dentist completed a specialty program |
| 58 | recognized by the American Dental Association. |
| 59 | 8. For a hygienist: |
| 60 | a. The average number of patients treated per week by the |
| 61 | hygienist during the reporting period. |
| 62 | b. The settings where the dental care was provided. |
| 63 | 9. The dentist's or dental hygienist's memberships in |
| 64 | professional organizations. |
| 65 | 10. The number of pro bono hours provided by the dentist |
| 66 | or dental hygienist during the last biennium. |
| 67 | (b) Information concerning the availability and trends |
| 68 | relating to critically needed services, including, but not |
| 69 | limited to, the following types of care provided by the dentist |
| 70 | or dental hygienist: |
| 71 | 1. Dental care for children having special needs. |
| 72 | 2. Geriatric dental care. |
| 73 | 3. Dental care in emergency departments. |
| 74 | 4. Medicaid services. |
| 75 | 5. Other critically needed specialty areas, as determined |
| 76 | by the advisory body. |
| 77 | (2) The information furnished must include a statement |
| 78 | submitted by the dentist or dental hygienist that the |
| 79 | information provided is true and accurate to the best of his or |
| 80 | her knowledge and he or she did not knowingly provide false |
| 81 | information. |
| 82 | (3) Beginning in 2012, renewal of a license by a dentist |
| 83 | or dental hygienist licensed under chapter 466, Florida |
| 84 | Statutes, is not contingent upon the completion and submission |
| 85 | of the survey; however, for any subsequent license renewal, the |
| 86 | board may not renew the license of any dentist or dental |
| 87 | hygienist until the survey required under this section is |
| 88 | completed and submitted by the licensee. |
| 89 | (4)(a) Beginning in 2012, the Board of Dentistry shall |
| 90 | issue a nondisciplinary citation to any dentist or dental |
| 91 | hygienist licensed under chapter 466, Florida Statutes, who |
| 92 | fails to complete the survey within 90 days after the renewal of |
| 93 | his or her license to practice as a dentist or dental hygienist. |
| 94 | (b) The citation must notify a dentist or dental hygienist |
| 95 | who fails to complete the survey required by this section that |
| 96 | his or her license will not be renewed unless the dentist or |
| 97 | dental hygienist completes the survey. |
| 98 | (c) In conjunction with issuing the license renewal notice |
| 99 | required by s. 456.038, Florida Statutes, the board shall notify |
| 100 | each licensed dentist or dental hygienist who has failed to |
| 101 | complete the survey at the licensee's last known address of the |
| 102 | requirement that the survey be completed before the subsequent |
| 103 | license renewal. |
| 104 | Section 2. (1) The Department of Health shall serve as |
| 105 | the coordinating body for the purpose of collecting and |
| 106 | regularly updating and disseminating dental workforce data. The |
| 107 | department shall work with multiple stakeholders, including the |
| 108 | Florida Dental Association and the Florida Dental Hygiene |
| 109 | Association, to assess and share with all communities of |
| 110 | interest all data collected in a timely fashion. |
| 111 | (2) The Department of Health shall maintain a current |
| 112 | database to serve as a statewide source of data concerning the |
| 113 | dental workforce. The department, in conjunction with the board, |
| 114 | shall also: |
| 115 | (a) Develop strategies to maximize federal and state |
| 116 | programs that provide incentives for dentists to practice in the |
| 117 | underserved areas of the state which are federally designated |
| 118 | shortage areas. The strategies shall include programs such as |
| 119 | the Florida Health Services Corps established under s. 381.0302, |
| 120 | Florida Statutes. |
| 121 | (b) Work in conjunction with an advisory body to address |
| 122 | matters relating to the state's dental workforce. The advisory |
| 123 | body shall provide input on developing questions for the dental |
| 124 | workforce survey required in section 1. An advisory body shall |
| 125 | include, but need not be limited to, the State Surgeon General |
| 126 | or his or her designee, the dean of each accredited dental |
| 127 | school based in this state or his or her designee, a |
| 128 | representative from the Florida Dental Association, a |
| 129 | representative from the Florida Dental Hygiene Association, a |
| 130 | representative from the Florida Board of Dentistry, and a |
| 131 | dentist from each of the dental specialties recognized by the |
| 132 | Commission on Dental Accreditation of the American Dental |
| 133 | Association. |
| 134 | (c) Act as a clearinghouse for collecting and |
| 135 | disseminating information concerning the dental workforce. |
| 136 | (3) The Department of Health and the Board of Dentistry |
| 137 | shall adopt rules necessary to administer this section. |
| 138 | Section 3. It is the intent of the Legislature that the |
| 139 | Department of Health and the Board of Dentistry implement the |
| 140 | provisions of this act within existing resources. |
| 141 | Section 4. Paragraph (t) of subsection (2) of section |
| 142 | 499.01, Florida Statutes, is amended to read: |
| 143 | 499.01 Permits.- |
| 144 | (2) The following permits are established: |
| 145 | (t) Health care clinic establishment permit.-Effective |
| 146 | January 1, 2009, a health care clinic establishment permit is |
| 147 | required for the purchase of a prescription drug by a place of |
| 148 | business at one general physical location that provides health |
| 149 | care or veterinary services, which is owned and operated by a |
| 150 | business entity that has been issued a federal employer tax |
| 151 | identification number. For the purpose of this paragraph, the |
| 152 | term "qualifying practitioner" means a licensed health care |
| 153 | practitioner defined in s. 456.001, or a veterinarian licensed |
| 154 | under chapter 474, who is authorized under the appropriate |
| 155 | practice act to prescribe and administer a prescription drug. |
| 156 | 1. An establishment must provide, as part of the |
| 157 | application required under s. 499.012, designation of a |
| 158 | qualifying practitioner who will be responsible for complying |
| 159 | with all legal and regulatory requirements related to the |
| 160 | purchase, recordkeeping, storage, and handling of the |
| 161 | prescription drugs. In addition, the designated qualifying |
| 162 | practitioner shall be the practitioner whose name, establishment |
| 163 | address, and license number is used on all distribution |
| 164 | documents for prescription drugs purchased or returned by the |
| 165 | health care clinic establishment. Upon initial appointment of a |
| 166 | qualifying practitioner, the qualifying practitioner and the |
| 167 | health care clinic establishment shall notify the department on |
| 168 | a form furnished by the department within 10 days after such |
| 169 | employment. In addition, the qualifying practitioner and health |
| 170 | care clinic establishment shall notify the department within 10 |
| 171 | days after any subsequent change. |
| 172 | 2. The health care clinic establishment must employ a |
| 173 | qualifying practitioner at each establishment. |
| 174 | 3. In addition to the remedies and penalties provided in |
| 175 | this part, a violation of this chapter by the health care clinic |
| 176 | establishment or qualifying practitioner constitutes grounds for |
| 177 | discipline of the qualifying practitioner by the appropriate |
| 178 | regulatory board. |
| 179 | 4. The purchase of prescription drugs by the health care |
| 180 | clinic establishment is prohibited during any period of time |
| 181 | when the establishment does not comply with this paragraph. |
| 182 | 5. A health care clinic establishment permit is not a |
| 183 | pharmacy permit or otherwise subject to chapter 465. A health |
| 184 | care clinic establishment that meets the criteria of a modified |
| 185 | Class II institutional pharmacy under s. 465.019 is not eligible |
| 186 | to be permitted under this paragraph. |
| 187 | 6. This paragraph does not apply to the purchase of a |
| 188 | prescription drug by a licensed practitioner under his or her |
| 189 | license. A professional corporation or limited liability company |
| 190 | composed of dentists and operating as authorized in s. 466.0285 |
| 191 | may pay for prescription drugs obtained by a practitioner |
| 192 | licensed under chapter 466, and the licensed practitioner is |
| 193 | deemed the purchaser and owner of the prescription drugs. |
| 194 | Section 5. This act shall take effect July 1, 2010. |