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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 the practice of dentistry; amending 2
s. 466.003, F.S.; defining the term "digital 3
scanning"; amending s. 466.016, F.S.; requiring 4
dentists to provide each patient with specified 5
information; requiring individuals and entities that 6
provide dental services through telehealth to provide 7
each patient with specified information regarding the 8
dentists treating such patient; amending s. 466 .018, 9
F.S.; requiring that there be a dentist of record for 10
each patient treated through telehealth; subjecting 11
such dentists to certain requirements; requiring 12
individuals and entities that provide dental services 13
through telehealth to make specified info rmation 14
available to each patient before rendering such 15
services and at any time upon patient request; 16
providing construction; amending s. 466.019, F.S.; 17
defining the term "advertisement"; requiring that 18
advertisements of specified dental services provided 19
through telehealth contain a specified disclaimer; 20
amending s. 466.024, F.S.; specifying that only 21
certain dental practitioners may perform specified 22
functions of dentistry; amending s. 466.028, F.S.; 23
providing additional grounds for disciplinary action 24
against dental practitioners; amending s. 409.906, 25
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F.S.; conforming a cross -reference; providing an 26
effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Present subsections (8) through (15) of section 31
466.003, Florida Statutes, are redesignated as subsections (9) 32
through (16), respectively, a new subsection (8) is added to 33
that section, and present subsection (15) of that section is 34
amended, to read: 35
466.003 Definitions. —As used in this chapter: 36
(8) "Digital scanning" means the use of digital technology 37
that creates a computer -generated replica of the hard and soft 38
tissue of the oral cavity using enhanced digital photography, 39
lasers, or other optical scanning devices. 40
(16)(15) "School-based prevention program" m eans 41
preventive oral health services offered at a school by one of 42
the entities defined in subsection (15) (14) or by a nonprofit 43
organization that is exempt from federal income taxation under 44
s. 501(a) of the Internal Revenue Code, and described in s. 45
501(c)(3) of the Internal Revenue Code. 46
Section 2. Section 466.016, Florida Statutes, is amended 47
to read: 48
466.016 License to be displayed. — 49
(1) Every practitioner of dentistry or dental hygiene 50
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within the meaning of this chapter shall post and keep 51
conspicuously displayed her or his license in the office wherein 52
she or he practices, in plain sight of the practitioner's 53
patients. Any dentist or dental hygienist who practices at more 54
than one location must shall be required to display a copy of 55
her or his license in each office where she or he practices. 56
(2) Every dentist shall provide each of her or his 57
patients with the dentist's name, contact telephone number, 58
after-hours contact information for emergencies, and, upon the 59
patient's request, license i nformation. 60
(3) Any individual, partnership, corporation, or other 61
entity that provides dental services through telehealth as 62
defined in s. 456.47 shall provide each patient with the name, 63
contact telephone number, after -hours contact information for 64
emergencies, and, upon the patient's request, license 65
information of each dentist who provides dental services to the 66
patient through telehealth. 67
Section 3. Subsection (6) is added to section 466.018, 68
Florida Statutes, to read: 69
466.018 Dentist of record ; patient records.— 70
(6) For any patient treated through telehealth as defined 71
in s. 456.47, there must be a dentist of record who remains 72
primarily responsible for all dental treatment on the patient 73
regardless of whether the treatment is rendered by the dentist 74
of record or by another dentist, dental hygienist, or dental 75
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assistant rendering such treatment in conjunction with, at the 76
direction or request of, or under the supervision of such 77
dentist of record. A dentist of record for a patient treated 78
through telehealth is subject to all of the requirements of this 79
section applicable to dentists of record. 80
(a) Any individual, partnership, corporation, or other 81
entity that provides dental services through telehealth shall 82
make available the name, telephone number, practice address, and 83
state license number for the dentist of record and any other 84
dentist who will be involved in the provision of services to a 85
patient before the rendering of such services and at any time 86
requested by a patient. 87
(b) This subsection may not be construed to assign any 88
responsibility to a dentist of record for treatment rendered 89
pursuant to a proper referral to another dentist who is not in 90
the same practice with the dentist of record or to prohi bit a 91
patient from voluntarily selecting a new dentist without 92
permission of the dentist of record. 93
Section 4. Section 466.019, Florida Statutes, is amended 94
to read: 95
466.019 Advertising by dentists. — 96
(1) As used in this section, the term "advertise ment" 97
means a representation disseminated in any manner or by any 98
means to solicit patients and includes, but is not limited to, 99
business cards, circulars, pamphlets, newspapers, websites, and 100
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social media. 101
(2) The purpose of this section is to ensure th at the 102
public has access to information which provides a sufficient 103
basis upon which to make an informed selection of dentists while 104
also ensuring that the public is protected from false or 105
misleading advertisements which would detract from a fair and 106
rational selection process. The board shall adopt rules to carry 107
out the intent of this section, the purpose of which shall be to 108
regulate the manner of such advertising in keeping with the 109
provisions hereof. 110
(3)(2) An No advertisement by a licensed dentist may not 111
shall contain any false, fraudulent, misleading, or deceptive 112
statement or claim or any statement or claim which: 113
(a) Contains misrepresentations of fact; 114
(b) Is likely to mislead or deceive because in context it 115
makes only a partial disclosure of relevant facts; 116
(c) Contains laudatory statements about the dentist or 117
group of dentists; 118
(d) Is intended or is likely to create false, unjustified 119
expectations of favorable results; 120
(e) Relates to the quality of dental services provided as 121
compared to other available dental services; 122
(f) Is intended or is likely to appeal primarily to a 123
layperson's fears; 124
(g) Contains fee information without a disclaimer that 125
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such is a minimum fee only; or 126
(h) Contains other representations or implications that in 127
reasonable probability will cause an ordinary, prudent person to 128
misunderstand or to be deceived. 129
(4) An advertisement of dental services provided through 130
telehealth as defined in s. 456.47 must include a disclaimer 131
that reads, in a clearly legib le font and size, "An in -person 132
examination with a dentist licensed under chapter 466, Florida 133
Statutes, is recommended before beginning telehealth treatment 134
in order to prevent injury or harm" for each of the following 135
services, if advertised: 136
(a) The taking of an impression or the digital scanning of 137
the human tooth, teeth, or jaws, directly or indirectly and by 138
any means or method. 139
(b) Furnishing, supplying, constructing, reproducing, or 140
repairing any prosthetic denture, bridge, or appliance or any 141
other structure designed to be worn in the human mouth. 142
(c) Placing an appliance or a structure in the human mouth 143
or adjusting or attempting to adjust the appliance or structure. 144
(d) Correcting or attempting to correct malformations of 145
teeth or jaws. 146
(5)(3) For purposes of this section, D.D.S. or D.M.D. are 147
synonymous and may be used interchangeably by licensed dentists 148
who have graduated from an accredited American dental school 149
with a D.D.S. or D.M.D. degree, when advertising dental 150
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services. 151
Section 5. Present subsections (2) through (10) of section 152
466.024, Florida Statutes, are redesignated as subsections (3) 153
through (11), respectively, a new subsection (2) is added to 154
that section, and present subsections (3), (5), (6), and (8) are 155
amended, to read: 156
466.024 Delegation of duties; expanded functions. — 157
(2) Only a licensed dentist, a dental hygienist under 158
general supervision, or a dental assistant under direct 159
supervision may take an impression or perform digital scanning 160
of the human tooth, teeth, or jaws, directly or indirectly and 161
by any means or method, for the purpose of the practice of 162
dentistry. 163
(4)(3) For all remediable tasks listed in subsection (3) 164
(2), the following disclaimer must be provided to the patient in 165
writing before any procedure is performed: 166
(a) The services being offered are not a substitute for a 167
comprehensive dental exam by a dentist. 168
(b) The diagnosis of caries, soft tissue disease, oral 169
cancer, temporomandibular joint disease (TMJ), and dentofacial 170
malocclusions will be completed only by a dentist in the context 171
of delivering a comprehensive dental exam. 172
(6)(5) A dental hygienist who performs, without 173
supervision, the remediable tasks listed in subsection (3) (2) 174
shall: 175
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(a) Provide a dental referral in strict compliance with 176
federal and state patient referral, anti -kickback, and patient 177
brokering laws. 178
(b) Encourage the establishment of a dental home. 179
(c) Maintain professional malpractice insurance coverage 180
that has minimum limits of $100,000 per occurrence and $300,000 181
in the aggregate through the employing health access setting or 182
individual policy. 183
(7)(6) Notwithstanding subsection (1) or subsection (3) 184
(2), a dentist may delegate the tasks of gingival c urettage and 185
root planing to a dental hygienist but not to a dental 186
assistant. 187
(9)(8) Notwithstanding subsection (1) or subsection (3) 188
(2), a dentist may not delegate to anyone other than another 189
licensed dentist: 190
(a) Any prescription of drugs or medic ations requiring the 191
written order or prescription of a licensed dentist or 192
physician. 193
(b) Any diagnosis for treatment or treatment planning. 194
Section 6. Present paragraph (mm) of subsection (1) of 195
section 466.028, Florida Statutes, is redesignated as paragraph 196
(pp), and a new paragraph (mm) and paragraphs (nn) and (oo) are 197
added to that subsection, to read: 198
466.028 Grounds for disciplinary action; action by the 199
board.— 200
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(1) The following acts constitute grounds for denial of a 201
license or disciplina ry action, as specified in s. 456.072(2): 202
(mm) Failure by the dentist of record, before the initial 203
diagnosis and correction of a malposition of human teeth or 204
initial use of an orthodontic appliance, to perform an in -person 205
examination of the patient or obtain records from an in -person 206
examination within the last 6 months and to perform a review of 207
the patient's most recent diagnostic digital or conventional 208
radiographs or other equivalent bone imaging suitable for 209
orthodontia. 210
(nn) For dental services provided in-person or through 211
telehealth by an individual, a partnership, a corporation, or 212
any other entity, failing to provide each patient with the name, 213
contact telephone number, after -hours contact information for 214
emergencies, and, upon the patient's request, the license 215
information of each dentist who is providing dental services to 216
the patient. 217
(oo) For dental services provided through telehealth by an 218
individual, a partnership, a corporation, or any other entity, 219
failing to designate a dentist of record and make available, 220
before the rendering of such services and upon the patient's 221
request, the name, telephone number, practice address, and state 222
license number for the dentist of record and any other dentist 223
who will be involved in the provision o f dental services to the 224
patient through telehealth. 225
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Section 7. Subsection (6) of section 409.906, Florida 226
Statutes, is amended to read: 227
409.906 Optional Medicaid services. —Subject to specific 228
appropriations, the agency may make payments for services which 229
are optional to the state under Title XIX of the Social Security 230
Act and are furnished by Medicaid providers to recipients who 231
are determined to be eligible on the dates on which the services 232
were provided. Any optional service that is provided shal l be 233
provided only when medically necessary and in accordance with 234
state and federal law. Optional services rendered by providers 235
in mobile units to Medicaid recipients may be restricted or 236
prohibited by the agency. Nothing in this section shall be 237
construed to prevent or limit the agency from adjusting fees, 238
reimbursement rates, lengths of stay, number of visits, or 239
number of services, or making any other adjustments necessary to 240
comply with the availability of moneys and any limitations or 241
directions provided for in the General Appropriations Act or 242
chapter 216. If necessary to safeguard the state's systems of 243
providing services to elderly and disabled persons and subject 244
to the notice and review provisions of s. 216.177, the Governor 245
may direct the Agency for Health Care Administration to amend 246
the Medicaid state plan to delete the optional Medicaid service 247
known as "Intermediate Care Facilities for the Developmentally 248
Disabled." Optional services may include: 249
(6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 250
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diagnostic, preventive, or corrective procedures, including 251
orthodontia in severe cases, provided to a recipient under age 252
21, by or under the supervision of a licensed dentist. The 253
agency may also reimburse a health access setting as defined in 254
s. 466.003 for the remediable tasks that a licensed dental 255
hygienist is authorized to perform under s. 466.024(3) s. 256
466.024(2). Services provided under this program include 257
treatment of the teeth and associated structures of the oral 258
cavity, as well as t reatment of disease, injury, or impairment 259
that may affect the oral or general health of the individual. 260
However, Medicaid will not provide reimbursement for dental 261
services provided in a mobile dental unit, except for a mobile 262
dental unit: 263
(a) Owned by, operated by, or having a contractual 264
agreement with the Department of Health and complying with 265
Medicaid's county health department clinic services program 266
specifications as a county health department clinic services 267
provider. 268
(b) Owned by, operated by, or having a contractual 269
arrangement with a federally qualified health center and 270
complying with Medicaid's federally qualified health center 271
specifications as a federally qualified health center provider. 272
(c) Rendering dental services to Medicaid recipi ents, 21 273
years of age and older, at nursing facilities. 274
(d) Owned by, operated by, or having a contractual 275
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agreement with a state -approved dental educational institution. 276
Section 8. This act shall take effect July 1, 2023. 277