Florida 2022 Regular Session

Florida House Bill H0997 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 997 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to dental care services; amending s. 2
16	16	409.906, F.S.; authorizing Medicaid to reimburse for 3
17	17	dental services provided in a mobile dental unit owned 4
18	18	by, operated by, or having a contractual agreement 5
19	19	with a certain health access setting or similar 6
20	20	setting or program under certain circumstances; 7
21	21	authorizing the Agency for Health Care Administration 8
22	22	to reimburse a licensed dental hygienist for certain 9
23	23	remediable tasks; amending s. 466.007, F.S.; deleting 10
24	24	a requirement that an applicant for dental hygienist 11
25	25	licensure demonstrate specified skills on a live 12
26	26	patient; amending s. 466.023, F.S.; deleting a 13
27	27	remediable task only a licensed dental hygienist may 14
28	28	be delegated; making technical changes; amending s. 15
29	29	466.024, F.S.; authorizing a licensed dental hygienist 16
30	30	to apply interim therapeutic restorations; deleting 17
31	31	requirements that certain licensed dentists or 18
32	32	physicians perform certain actions before and after a 19
33	33	licensed dental hygienist performs certain remediable 20
34	34	tasks and a prohibition on a licensed dental hygienist 21
35	35	performing certain remediable tasks without specified 22
36	36	supervision; providing an effective date. 23
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38	38	Be It Enacted by the Legislature of the Stat e of Florida: 25
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40	40	HB 997 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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52	52	Section 1. Paragraph (c) of subsection (1) and subsection 27
53	53	(6) of section 409.906, Florida Statutes, are amended to read: 28
54	54	409.906 Optional Medicaid services. —Subject to specific 29
55	55	appropriations, the agency may make payments for services which 30
56	56	are optional to the state under Title XIX of the Social Security 31
57	57	Act and are furnished by Medicaid providers to recipients who 32
58	58	are determined to be eligible on the dates on which the services 33
59	59	were provided. Any optional service that is provided shall be 34
60	60	provided only when medically necessary and in accordance with 35
61	61	state and federal law. Optional services rendered by providers 36
62	62	in mobile units to Medicaid recipients may be restricted or 37
63	63	prohibited by the agency. Nothing in this section shall be 38
64	64	construed to prevent or limit the agency from adjusting fees, 39
65	65	reimbursement rates, lengths of stay, number of visits, or 40
66	66	number of services, or making any other adjustments necessary to 41
67	67	comply with the availability of moneys and any limitations or 42
68	68	directions provided for in the General Appropriations Act or 43
69	69	chapter 216. If necessary to safeguard the state's systems of 44
70	70	providing services to elderly and disabled persons and subject 45
71	71	to the notice and review provisions of s. 216.177, the Governor 46
72	72	may direct the Agency for Health Care Administration to amend 47
73	73	the Medicaid state plan to delete the optional Medicaid service 48
74	74	known as "Intermediate Care Facilities for the Developmentally 49
75	75	Disabled." Optional services may include: 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(1) ADULT DENTAL SERVICES. — 51
89	89	(c) However, Medicaid will not provide reimbursement for 52
90	90	dental services provided in a mobile dental unit, except for a 53
91	91	mobile dental unit: 54
92	92	1. Owned by, operated by, or having a contractual 55
93	93	agreement with the Department of Health and complying with 56
94	94	Medicaid's county he alth department clinic services program 57
95	95	specifications as a county health department clinic services 58
96	96	provider. 59
97	97	2. Owned by, operated by, or having a contractual 60
98	98	arrangement with a federally qualified health center and 61
99	99	complying with Medicaid's federally qualified health center 62
100	100	specifications as a federally qualified health center provider. 63
101	101	3. Rendering dental services to Medicaid recipients, 21 64
102	102	years of age and older, at nursing facilities. 65
103	103	4. Owned by, operated by, or having a contractual 66
104	104	agreement with a state-approved dental educational institution. 67
105	105	5. Owned by, operated by, or having a contractual 68
106	106	agreement with a health access setting as defined in s. 69
107	107	466.003(14) or a similar setting or program that serves 70
108	108	underserved or vulnerable populations t hat face barriers to 71
109	109	accessing dental services including, but not limited to, 72
110	110	homeless shelters or group homes for adults with disabilities. 73
111	111	(6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 74
112	112	diagnostic, preventive, or corrective procedures, includin g 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	orthodontia in severe cases, provided to a recipient under age 76
126	126	21, by or under the supervision of a licensed dentist. The 77
127	127	agency may also reimburse a health access setting as defined in 78
128	128	s. 466.003(14) or a licensed dental hygienist s. 466.003 for the 79
129	129	remediable tasks that a licensed dental hygienist is authorized 80
130	130	to perform under s. 466.024(2). Services provided under this 81
131	131	program include treatment of the teeth and associated structures 82
132	132	of the oral cavity, as well as treatment of disease, injury, or 83
133	133	impairment that may affect the oral or general health of the 84
134	134	individual. However, Medicaid will not provide reimbursement for 85
135	135	dental services provided in a mobile dental unit, except for a 86
136	136	mobile dental unit: 87
137	137	(a) Owned by, operated by, or having a contractual 88
138	138	agreement with the Department of Health and complying with 89
139	139	Medicaid's county health department clinic services program 90
140	140	specifications as a county health department clinic services 91
141	141	provider. 92
142	142	(b) Owned by, operated by, or having a contractual 93
143	143	arrangement with a federally qualified health center and 94
144	144	complying with Medicaid's federally qualified health center 95
145	145	specifications as a federally qualified health center provider. 96
146	146	(c) Rendering dental services to Medicaid recipients, 21 97
147	147	years of age and older, at nursing facilities. 98
148	148	(d) Owned by, operated by, or having a contractual 99
149	149	agreement with a state -approved dental educational institution. 100
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162	162	(e) Owned by, operated by, or having a contractual 101
163	163	agreement with a health access setting as defined in s. 102
164	164	466.003(14) or a similar setting or program that serves 103
165	165	underserved or vulnerable populations that face barriers to 104
166	166	accessing dental services including, but not limited to, 105
167	167	homeless shelters, schools, Early Head Start programs, and the 106
168	168	Special Supplemental Nutrition Program for Women, Infants, and 107
169	169	Children. 108
170	170	Section 2. Paragraph (b) of subsection (4) of section 109
171	171	466.007, Florida Statutes, is amended to read: 110
172	172	466.007 Examination of dental hygienists. — 111
173	173	(4) Effective July 1, 2012, to be licensed as a dental 112
174	174	hygienist in this state, an applicant must successfully complete 113
175	175	the following: 114
176	176	(b) A practical or clinical examination approved by the 115
177	177	board. The examination shall be the Dental Hygiene Examination 116
178	178	produced by the American Board of Dental Examiners, Inc., (AD EX) 117
179	179	or its successor entity, if any, if the board finds that the 118
180	180	successor entity's clinical examination meets or exceeds the 119
181	181	provisions of this section. The board shall approve the ADEX 120
182	182	Dental Hygiene Examination if the board has attained and 121
183	183	continues to maintain representation on the ADEX House of 122
184	184	Representatives, the ADEX Dental Hygiene Examination Development 123
185	185	Committee, and such other ADEX Dental Hygiene committees as the 124
186	186	board deems appropriate through rulemaking to ensure that the 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	standards established in this section are maintained 126
200	200	organizationally. The ADEX Dental Hygiene Examination or the 127
201	201	examination produced by its successor entity is a comprehensive 128
202	202	examination in which an applicant must demonstrate skills within 129
203	203	the dental hygiene scope of prac tice on a live patient and any 130
204	204	other components that the board deems necessary for the 131
205	205	applicant to successfully demonstrate competency for the purpose 132
206	206	of licensure. 133
207	207	Section 3. Subsection (1) of section 466.023, Florida 134
208	208	Statutes, is amended to read: 135
209	209	466.023 Dental hygienists; scope and area of practice. — 136
210	210	(1) Except as otherwise provided in s. 466.024, only 137
211	211	dental hygienists may be delegated the task of removing calculus 138
212	212	deposits and, accretions, and stains from exposed surfaces of 139
213	213	the teeth and from tooth surfaces within the gingival sulcus and 140
214	214	the task of performing root planing and gingival curettage. In 141
215	215	addition, dental hygienists may expose dental X -ray films, apply 142
216	216	topical preventive or prophylactic agents, and perform all tasks 143
217	217	delegable by the dentist in accordance with s. 466.024. The 144
218	218	board by rule shall determine whether such functions shall be 145
219	219	performed under the direct, indirect, or general supervision of 146
220	220	the dentist. 147
221	221	Section 4. Paragraph (f) of subsection (2) of section 148
222	222	466.024, Florida Statutes, is redesignated as paragraph (g) and 149
223	223	amended, and a new paragraph (f) is added to that subsection, to 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	read: 151
237	237	466.024 Delegation of duties; expanded functions. — 152
238	238	(2) A dental hygienist licensed in this state may perform 153
239	239	the following remediabl e tasks in a health access setting as 154
240	240	defined in s. 466.003 without the physical presence, prior 155
241	241	examination, or authorization of a dentist: 156
242	242	(f) Apply interim therapeutic restorations. 157
243	243	(g)(f) Remove calculus deposits and, accretions, and 158
244	244	stains from exposed surfaces of the teeth and from tooth 159
245	245	surfaces within the gingival sulcus. 160
246	246	1. A dentist licensed under this chapter or a physician 161
247	247	licensed under chapter 458 or chapter 459 must give medical 162
248	248	clearance before a dental hygienist removes calculus depos its, 163
249	249	accretions, and stains from exposed surfaces of the teeth or 164
250	250	from tooth surfaces within the gingival sulcus. 165
251	251	2. A dentist shall conduct a dental examination on a 166
252	252	patient within 13 months after a dental hygienist removes the 167
253	253	patient's calculus deposi ts, accretions, and stains from exposed 168
254	254	surfaces of the teeth or from tooth surfaces within the gingival 169
255	255	sulcus. Additional oral hygiene services may not be performed 170
256	256	under this paragraph without a clinical examination by a dentist 171
257	257	who is licensed under th is chapter. 172
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259	259	This subsection does not authorize a dental hygienist to perform 174
260	260	root planing or gingival curettage without supervision by a 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	dentist. 176
274	274	Section 5. This act shall take effect July 1, 2022. 177