HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 1 of 8 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 A bill to be entitled 1 An act relating to dental care services; amending s. 2 409.906, F.S.; authorizing Medicaid to reimburse for 3 dental services provided in a mobile dental unit owned 4 by, operated by, or having a contractual agreement 5 with a certain health access setting or similar 6 setting or program under certain circumstances; 7 authorizing the Agency for Health Care Administration 8 to reimburse a licensed dental hygienist for certain 9 remediable tasks; amending s. 466.007, F.S.; deleting 10 a requirement that an applicant for dental hygienist 11 licensure demonstrate specified skills on a live 12 patient; amending s. 466.023, F.S.; deleting a 13 remediable task only a licensed dental hygienist may 14 be delegated; making technical changes; amending s. 15 466.024, F.S.; authorizing a licensed dental hygienist 16 to apply interim therapeutic restorations; deleting 17 requirements that certain licensed dentists or 18 physicians perform certain actions before and after a 19 licensed dental hygienist performs certain remediable 20 tasks and a prohibition on a licensed dental hygienist 21 performing certain remediable tasks without specified 22 supervision; providing an effective date. 23 24 Be It Enacted by the Legislature of the Stat e of Florida: 25 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 2 of 8 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 26 Section 1. Paragraph (c) of subsection (1) and subsection 27 (6) of section 409.906, Florida Statutes, are amended to read: 28 409.906 Optional Medicaid services. —Subject to specific 29 appropriations, the agency may make payments for services which 30 are optional to the state under Title XIX of the Social Security 31 Act and are furnished by Medicaid providers to recipients who 32 are determined to be eligible on the dates on which the services 33 were provided. Any optional service that is provided shall be 34 provided only when medically necessary and in accordance with 35 state and federal law. Optional services rendered by providers 36 in mobile units to Medicaid recipients may be restricted or 37 prohibited by the agency. Nothing in this section shall be 38 construed to prevent or limit the agency from adjusting fees, 39 reimbursement rates, lengths of stay, number of visits, or 40 number of services, or making any other adjustments necessary to 41 comply with the availability of moneys and any limitations or 42 directions provided for in the General Appropriations Act or 43 chapter 216. If necessary to safeguard the state's systems of 44 providing services to elderly and disabled persons and subject 45 to the notice and review provisions of s. 216.177, the Governor 46 may direct the Agency for Health Care Administration to amend 47 the Medicaid state plan to delete the optional Medicaid service 48 known as "Intermediate Care Facilities for the Developmentally 49 Disabled." Optional services may include: 50 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 3 of 8 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 (1) ADULT DENTAL SERVICES. — 51 (c) However, Medicaid will not provide reimbursement for 52 dental services provided in a mobile dental unit, except for a 53 mobile dental unit: 54 1. Owned by, operated by, or having a contractual 55 agreement with the Department of Health and complying with 56 Medicaid's county he alth department clinic services program 57 specifications as a county health department clinic services 58 provider. 59 2. Owned by, operated by, or having a contractual 60 arrangement with a federally qualified health center and 61 complying with Medicaid's federally qualified health center 62 specifications as a federally qualified health center provider. 63 3. Rendering dental services to Medicaid recipients, 21 64 years of age and older, at nursing facilities. 65 4. Owned by, operated by, or having a contractual 66 agreement with a state-approved dental educational institution. 67 5. Owned by, operated by, or having a contractual 68 agreement with a health access setting as defined in s. 69 466.003(14) or a similar setting or program that serves 70 underserved or vulnerable populations t hat face barriers to 71 accessing dental services including, but not limited to, 72 homeless shelters or group homes for adults with disabilities. 73 (6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 74 diagnostic, preventive, or corrective procedures, includin g 75 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 4 of 8 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 orthodontia in severe cases, provided to a recipient under age 76 21, by or under the supervision of a licensed dentist. The 77 agency may also reimburse a health access setting as defined in 78 s. 466.003(14) or a licensed dental hygienist s. 466.003 for the 79 remediable tasks that a licensed dental hygienist is authorized 80 to perform under s. 466.024(2). Services provided under this 81 program include treatment of the teeth and associated structures 82 of the oral cavity, as well as treatment of disease, injury, or 83 impairment that may affect the oral or general health of the 84 individual. However, Medicaid will not provide reimbursement for 85 dental services provided in a mobile dental unit, except for a 86 mobile dental unit: 87 (a) Owned by, operated by, or having a contractual 88 agreement with the Department of Health and complying with 89 Medicaid's county health department clinic services program 90 specifications as a county health department clinic services 91 provider. 92 (b) Owned by, operated by, or having a contractual 93 arrangement with a federally qualified health center and 94 complying with Medicaid's federally qualified health center 95 specifications as a federally qualified health center provider. 96 (c) Rendering dental services to Medicaid recipients, 21 97 years of age and older, at nursing facilities. 98 (d) Owned by, operated by, or having a contractual 99 agreement with a state -approved dental educational institution. 100 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 5 of 8 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 (e) Owned by, operated by, or having a contractual 101 agreement with a health access setting as defined in s. 102 466.003(14) or a similar setting or program that serves 103 underserved or vulnerable populations that face barriers to 104 accessing dental services including, but not limited to, 105 homeless shelters, schools, Early Head Start programs, and the 106 Special Supplemental Nutrition Program for Women, Infants, and 107 Children. 108 Section 2. Paragraph (b) of subsection (4) of section 109 466.007, Florida Statutes, is amended to read: 110 466.007 Examination of dental hygienists. — 111 (4) Effective July 1, 2012, to be licensed as a dental 112 hygienist in this state, an applicant must successfully complete 113 the following: 114 (b) A practical or clinical examination approved by the 115 board. The examination shall be the Dental Hygiene Examination 116 produced by the American Board of Dental Examiners, Inc., (AD EX) 117 or its successor entity, if any, if the board finds that the 118 successor entity's clinical examination meets or exceeds the 119 provisions of this section. The board shall approve the ADEX 120 Dental Hygiene Examination if the board has attained and 121 continues to maintain representation on the ADEX House of 122 Representatives, the ADEX Dental Hygiene Examination Development 123 Committee, and such other ADEX Dental Hygiene committees as the 124 board deems appropriate through rulemaking to ensure that the 125 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 6 of 8 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 standards established in this section are maintained 126 organizationally. The ADEX Dental Hygiene Examination or the 127 examination produced by its successor entity is a comprehensive 128 examination in which an applicant must demonstrate skills within 129 the dental hygiene scope of prac tice on a live patient and any 130 other components that the board deems necessary for the 131 applicant to successfully demonstrate competency for the purpose 132 of licensure. 133 Section 3. Subsection (1) of section 466.023, Florida 134 Statutes, is amended to read: 135 466.023 Dental hygienists; scope and area of practice. — 136 (1) Except as otherwise provided in s. 466.024, only 137 dental hygienists may be delegated the task of removing calculus 138 deposits and, accretions, and stains from exposed surfaces of 139 the teeth and from tooth surfaces within the gingival sulcus and 140 the task of performing root planing and gingival curettage. In 141 addition, dental hygienists may expose dental X -ray films, apply 142 topical preventive or prophylactic agents, and perform all tasks 143 delegable by the dentist in accordance with s. 466.024. The 144 board by rule shall determine whether such functions shall be 145 performed under the direct, indirect, or general supervision of 146 the dentist. 147 Section 4. Paragraph (f) of subsection (2) of section 148 466.024, Florida Statutes, is redesignated as paragraph (g) and 149 amended, and a new paragraph (f) is added to that subsection, to 150 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 7 of 8 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 read: 151 466.024 Delegation of duties; expanded functions. — 152 (2) A dental hygienist licensed in this state may perform 153 the following remediabl e tasks in a health access setting as 154 defined in s. 466.003 without the physical presence, prior 155 examination, or authorization of a dentist: 156 (f) Apply interim therapeutic restorations. 157 (g)(f) Remove calculus deposits and, accretions, and 158 stains from exposed surfaces of the teeth and from tooth 159 surfaces within the gingival sulcus. 160 1. A dentist licensed under this chapter or a physician 161 licensed under chapter 458 or chapter 459 must give medical 162 clearance before a dental hygienist removes calculus depos its, 163 accretions, and stains from exposed surfaces of the teeth or 164 from tooth surfaces within the gingival sulcus. 165 2. A dentist shall conduct a dental examination on a 166 patient within 13 months after a dental hygienist removes the 167 patient's calculus deposi ts, accretions, and stains from exposed 168 surfaces of the teeth or from tooth surfaces within the gingival 169 sulcus. Additional oral hygiene services may not be performed 170 under this paragraph without a clinical examination by a dentist 171 who is licensed under th is chapter. 172 173 This subsection does not authorize a dental hygienist to perform 174 root planing or gingival curettage without supervision by a 175 HB 997 2022 CODING: Words stricken are deletions; words underlined are additions. hb0997-00 Page 8 of 8 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 dentist. 176 Section 5. This act shall take effect July 1, 2022. 177