| 51 | | - | 26 |
|---|
| 52 | | - | Section 1. Present subsections (8) through (15) of section 27 |
|---|
| 53 | | - | 466.003, Florida Statutes, are redesignated as subsections (9) 28 |
|---|
| 54 | | - | through (16), respectively, a new subsection (8) is added to 29 |
|---|
| 55 | | - | that section, and present subsection (15) of that section is 30 |
|---|
| 56 | | - | amended, to read: 31 |
|---|
| 57 | | - | 466.003 Definitions. —As used in this chapter: 32 |
|---|
| 58 | | - | (8) "Digital scanning" means the use of digital technology 33 |
|---|
| 59 | | - | that creates a computer -generated replica of the hard and soft 34 |
|---|
| 60 | | - | tissue of the oral cavity using enhanced digital photography, 35 |
|---|
| 61 | | - | lasers, or other optical scanning devices. 36 |
|---|
| 62 | | - | (16)(15) "School-based prevention program" means 37 |
|---|
| 63 | | - | preventive oral health services offered at a school by one of 38 |
|---|
| 64 | | - | the entities defined in subsection (15) (14) or by a nonprofit 39 |
|---|
| 65 | | - | organization that is exempt from federal income ta xation under 40 |
|---|
| 66 | | - | s. 501(a) of the Internal Revenue Code, and described in s. 41 |
|---|
| 67 | | - | 501(c)(3) of the Internal Revenue Code. 42 |
|---|
| 68 | | - | Section 2. Section 466.016, Florida Statutes, is amended 43 |
|---|
| 69 | | - | to read: 44 |
|---|
| 70 | | - | 466.016 License to be displayed. — 45 |
|---|
| 71 | | - | (1) Every practitioner of dentistry or dental hygiene 46 |
|---|
| 72 | | - | within the meaning of this chapter shall post and keep 47 |
|---|
| 73 | | - | conspicuously displayed her or his license in the office wherein 48 |
|---|
| 74 | | - | she or he practices, in plain sight of the practitioner's 49 |
|---|
| 75 | | - | patients. Any dentist or dental hygienist who practices at more 50 |
|---|
| 51 | + | F.S.; conforming a cross -reference; providing an 26 |
|---|
| 52 | + | effective date. 27 |
|---|
| 53 | + | 28 |
|---|
| 54 | + | Be It Enacted by the Legislature of the State of Florida: 29 |
|---|
| 55 | + | 30 |
|---|
| 56 | + | Section 1. Present subsections (8) through (15) of section 31 |
|---|
| 57 | + | 466.003, Florida Statutes, are redesignated as subsections (9) 32 |
|---|
| 58 | + | through (16), respectively, a new subsection (8) is added to 33 |
|---|
| 59 | + | that section, and present subsection (15) of that section is 34 |
|---|
| 60 | + | amended, to read: 35 |
|---|
| 61 | + | 466.003 Definitions. —As used in this chapter: 36 |
|---|
| 62 | + | (8) "Digital scanning" means the use of digital technology 37 |
|---|
| 63 | + | that creates a computer -generated replica of the hard and soft 38 |
|---|
| 64 | + | tissue of the oral cavity using enhanced digital photography, 39 |
|---|
| 65 | + | lasers, or other optical scanning devices. 40 |
|---|
| 66 | + | (16)(15) "School-based prevention program" m eans 41 |
|---|
| 67 | + | preventive oral health services offered at a school by one of 42 |
|---|
| 68 | + | the entities defined in subsection (15) (14) or by a nonprofit 43 |
|---|
| 69 | + | organization that is exempt from federal income taxation under 44 |
|---|
| 70 | + | s. 501(a) of the Internal Revenue Code, and described in s. 45 |
|---|
| 71 | + | 501(c)(3) of the Internal Revenue Code. 46 |
|---|
| 72 | + | Section 2. Section 466.016, Florida Statutes, is amended 47 |
|---|
| 73 | + | to read: 48 |
|---|
| 74 | + | 466.016 License to be displayed. — 49 |
|---|
| 75 | + | (1) Every practitioner of dentistry or dental hygiene 50 |
|---|
| 88 | | - | than one location must shall be required to display a copy of 51 |
|---|
| 89 | | - | her or his license in each office where she or he practices. 52 |
|---|
| 90 | | - | (2) Every dentist shall provide each of her or his 53 |
|---|
| 91 | | - | patients with the dentist's name, contact telephone number, 54 |
|---|
| 92 | | - | after-hours contact information for emergencies, and, upon the 55 |
|---|
| 93 | | - | patient's request, license information. 56 |
|---|
| 94 | | - | (3) Any individual, partnership, corporation, or other 57 |
|---|
| 95 | | - | entity that provides dental services through telehealth as 58 |
|---|
| 96 | | - | defined in s. 456.47 shall provide each patient with the name, 59 |
|---|
| 97 | | - | contact telephone number, after -hours contact information for 60 |
|---|
| 98 | | - | emergencies, and, upon the patient's request, license 61 |
|---|
| 99 | | - | information of each dentist who provides dental services to the 62 |
|---|
| 100 | | - | patient through telehealth. 63 |
|---|
| 101 | | - | Section 3. Subsection (6) is adde d to section 466.018, 64 |
|---|
| 102 | | - | Florida Statutes, to read: 65 |
|---|
| 103 | | - | 466.018 Dentist of record; patient records. — 66 |
|---|
| 104 | | - | (6) For any patient treated through telehealth as defined 67 |
|---|
| 105 | | - | in s. 456.47, there must be a dentist of record who remains 68 |
|---|
| 106 | | - | primarily responsible for all dental tre atment on the patient 69 |
|---|
| 107 | | - | regardless of whether the treatment is rendered by the dentist 70 |
|---|
| 108 | | - | of record or by another dentist, dental hygienist, or dental 71 |
|---|
| 109 | | - | assistant rendering such treatment in conjunction with, at the 72 |
|---|
| 110 | | - | direction or request of, or under the supervisi on of such 73 |
|---|
| 111 | | - | dentist of record. A dentist of record for a patient treated 74 |
|---|
| 112 | | - | through telehealth is subject to all of the requirements of this 75 |
|---|
| 88 | + | within the meaning of this chapter shall post and keep 51 |
|---|
| 89 | + | conspicuously displayed her or his license in the office wherein 52 |
|---|
| 90 | + | she or he practices, in plain sight of the practitioner's 53 |
|---|
| 91 | + | patients. Any dentist or dental hygienist who practices at more 54 |
|---|
| 92 | + | than one location must shall be required to display a copy of 55 |
|---|
| 93 | + | her or his license in each office where she or he practices. 56 |
|---|
| 94 | + | (2) Every dentist shall provide each of her or his 57 |
|---|
| 95 | + | patients with the dentist's name, contact telephone number, 58 |
|---|
| 96 | + | after-hours contact information for emergencies, and, upon the 59 |
|---|
| 97 | + | patient's request, license i nformation. 60 |
|---|
| 98 | + | (3) Any individual, partnership, corporation, or other 61 |
|---|
| 99 | + | entity that provides dental services through telehealth as 62 |
|---|
| 100 | + | defined in s. 456.47 shall provide each patient with the name, 63 |
|---|
| 101 | + | contact telephone number, after -hours contact information for 64 |
|---|
| 102 | + | emergencies, and, upon the patient's request, license 65 |
|---|
| 103 | + | information of each dentist who provides dental services to the 66 |
|---|
| 104 | + | patient through telehealth. 67 |
|---|
| 105 | + | Section 3. Subsection (6) is added to section 466.018, 68 |
|---|
| 106 | + | Florida Statutes, to read: 69 |
|---|
| 107 | + | 466.018 Dentist of record ; patient records.— 70 |
|---|
| 108 | + | (6) For any patient treated through telehealth as defined 71 |
|---|
| 109 | + | in s. 456.47, there must be a dentist of record who remains 72 |
|---|
| 110 | + | primarily responsible for all dental treatment on the patient 73 |
|---|
| 111 | + | regardless of whether the treatment is rendered by the dentist 74 |
|---|
| 112 | + | of record or by another dentist, dental hygienist, or dental 75 |
|---|
| 125 | | - | section applicable to dentists of record. 76 |
|---|
| 126 | | - | (a) Any individual, partnership, corporation, or other 77 |
|---|
| 127 | | - | entity that provides dental services through telehealth shall 78 |
|---|
| 128 | | - | make available the name, telephone number, practice address, and 79 |
|---|
| 129 | | - | state license number for the dentist of record and any other 80 |
|---|
| 130 | | - | dentist who will be involved in the provision of services to a 81 |
|---|
| 131 | | - | patient before the render ing of such services and at any time 82 |
|---|
| 132 | | - | requested by a patient. 83 |
|---|
| 133 | | - | (b) This subsection may not be construed to assign any 84 |
|---|
| 134 | | - | responsibility to a dentist of record for treatment rendered 85 |
|---|
| 135 | | - | pursuant to a proper referral to another dentist who is not in 86 |
|---|
| 136 | | - | the same practice with the dentist of record or to prohibit a 87 |
|---|
| 137 | | - | patient from voluntarily selecting a new dentist without 88 |
|---|
| 138 | | - | permission of the dentist of record. 89 |
|---|
| 139 | | - | Section 4. Section 466.019, Florida Statutes, is amended 90 |
|---|
| 140 | | - | to read: 91 |
|---|
| 141 | | - | 466.019 Advertising by denti sts.— 92 |
|---|
| 142 | | - | (1) As used in this section, the term "advertisement" 93 |
|---|
| 143 | | - | means a representation disseminated in any manner or by any 94 |
|---|
| 144 | | - | means to solicit patients and includes, but is not limited to, 95 |
|---|
| 145 | | - | business cards, circulars, pamphlets, newspapers, websites, and 96 |
|---|
| 146 | | - | social media. 97 |
|---|
| 147 | | - | (2) The purpose of this section is to ensure that the 98 |
|---|
| 148 | | - | public has access to information which provides a sufficient 99 |
|---|
| 149 | | - | basis upon which to make an informed selection of dentists while 100 |
|---|
| 125 | + | assistant rendering such treatment in conjunction with, at the 76 |
|---|
| 126 | + | direction or request of, or under the supervision of such 77 |
|---|
| 127 | + | dentist of record. A dentist of record for a patient treated 78 |
|---|
| 128 | + | through telehealth is subject to all of the requirements of this 79 |
|---|
| 129 | + | section applicable to dentists of record. 80 |
|---|
| 130 | + | (a) Any individual, partnership, corporation, or other 81 |
|---|
| 131 | + | entity that provides dental services through telehealth shall 82 |
|---|
| 132 | + | make available the name, telephone number, practice address, and 83 |
|---|
| 133 | + | state license number for the dentist of record and any other 84 |
|---|
| 134 | + | dentist who will be involved in the provision of services to a 85 |
|---|
| 135 | + | patient before the rendering of such services and at any time 86 |
|---|
| 136 | + | requested by a patient. 87 |
|---|
| 137 | + | (b) This subsection may not be construed to assign any 88 |
|---|
| 138 | + | responsibility to a dentist of record for treatment rendered 89 |
|---|
| 139 | + | pursuant to a proper referral to another dentist who is not in 90 |
|---|
| 140 | + | the same practice with the dentist of record or to prohi bit a 91 |
|---|
| 141 | + | patient from voluntarily selecting a new dentist without 92 |
|---|
| 142 | + | permission of the dentist of record. 93 |
|---|
| 143 | + | Section 4. Section 466.019, Florida Statutes, is amended 94 |
|---|
| 144 | + | to read: 95 |
|---|
| 145 | + | 466.019 Advertising by dentists. — 96 |
|---|
| 146 | + | (1) As used in this section, the term "advertise ment" 97 |
|---|
| 147 | + | means a representation disseminated in any manner or by any 98 |
|---|
| 148 | + | means to solicit patients and includes, but is not limited to, 99 |
|---|
| 149 | + | business cards, circulars, pamphlets, newspapers, websites, and 100 |
|---|
| 162 | | - | also ensuring that the public is protected from false or 101 |
|---|
| 163 | | - | misleading advertisements which would detract from a fair and 102 |
|---|
| 164 | | - | rational selection process. The board shall adopt rules to carry 103 |
|---|
| 165 | | - | out the intent of this section, the purpose of which shall be to 104 |
|---|
| 166 | | - | regulate the manner of such advertising in keeping with the 105 |
|---|
| 167 | | - | provisions hereof. 106 |
|---|
| 168 | | - | (3)(2) An No advertisement by a licensed dentist may not 107 |
|---|
| 169 | | - | shall contain any false, fraudulent, misleading, or deceptive 108 |
|---|
| 170 | | - | statement or claim or any statement or claim which: 109 |
|---|
| 171 | | - | (a) Contains misrepresentations of fact; 110 |
|---|
| 172 | | - | (b) Is likely to mislead or decei ve because in context it 111 |
|---|
| 173 | | - | makes only a partial disclosure of relevant facts; 112 |
|---|
| 174 | | - | (c) Contains laudatory statements about the dentist or 113 |
|---|
| 175 | | - | group of dentists; 114 |
|---|
| 176 | | - | (d) Is intended or is likely to create false, unjustified 115 |
|---|
| 177 | | - | expectations of favorable results; 116 |
|---|
| 178 | | - | (e) Relates to the quality of dental services provided as 117 |
|---|
| 179 | | - | compared to other available dental services; 118 |
|---|
| 180 | | - | (f) Is intended or is likely to appeal primarily to a 119 |
|---|
| 181 | | - | layperson's fears; 120 |
|---|
| 182 | | - | (g) Contains fee information without a disclaimer that 121 |
|---|
| 183 | | - | such is a minimum fee only; or 122 |
|---|
| 184 | | - | (h) Contains other representations or implications that in 123 |
|---|
| 185 | | - | reasonable probability will cause an ordinary, prudent person to 124 |
|---|
| 186 | | - | misunderstand or to be deceived. 125 |
|---|
| 162 | + | social media. 101 |
|---|
| 163 | + | (2) The purpose of this section is to ensure th at the 102 |
|---|
| 164 | + | public has access to information which provides a sufficient 103 |
|---|
| 165 | + | basis upon which to make an informed selection of dentists while 104 |
|---|
| 166 | + | also ensuring that the public is protected from false or 105 |
|---|
| 167 | + | misleading advertisements which would detract from a fair and 106 |
|---|
| 168 | + | rational selection process. The board shall adopt rules to carry 107 |
|---|
| 169 | + | out the intent of this section, the purpose of which shall be to 108 |
|---|
| 170 | + | regulate the manner of such advertising in keeping with the 109 |
|---|
| 171 | + | provisions hereof. 110 |
|---|
| 172 | + | (3)(2) An No advertisement by a licensed dentist may not 111 |
|---|
| 173 | + | shall contain any false, fraudulent, misleading, or deceptive 112 |
|---|
| 174 | + | statement or claim or any statement or claim which: 113 |
|---|
| 175 | + | (a) Contains misrepresentations of fact; 114 |
|---|
| 176 | + | (b) Is likely to mislead or deceive because in context it 115 |
|---|
| 177 | + | makes only a partial disclosure of relevant facts; 116 |
|---|
| 178 | + | (c) Contains laudatory statements about the dentist or 117 |
|---|
| 179 | + | group of dentists; 118 |
|---|
| 180 | + | (d) Is intended or is likely to create false, unjustified 119 |
|---|
| 181 | + | expectations of favorable results; 120 |
|---|
| 182 | + | (e) Relates to the quality of dental services provided as 121 |
|---|
| 183 | + | compared to other available dental services; 122 |
|---|
| 184 | + | (f) Is intended or is likely to appeal primarily to a 123 |
|---|
| 185 | + | layperson's fears; 124 |
|---|
| 186 | + | (g) Contains fee information without a disclaimer that 125 |
|---|
| 199 | | - | (4) An advertisement of dental services provided through 126 |
|---|
| 200 | | - | telehealth as defined in s. 456.47 must include a disclaimer 127 |
|---|
| 201 | | - | that reads, in a clearly legible font and size, "An in -person 128 |
|---|
| 202 | | - | examination with a dentist licensed under chapter 466, Florida 129 |
|---|
| 203 | | - | Statutes, is recommended before beginning telehealth treatment 130 |
|---|
| 204 | | - | in order to prevent injury or harm" for ea ch of the following 131 |
|---|
| 205 | | - | services, if advertised: 132 |
|---|
| 206 | | - | (a) The taking of an impression or the digital scanning of 133 |
|---|
| 207 | | - | the human tooth, teeth, or jaws, directly or indirectly and by 134 |
|---|
| 208 | | - | any means or method. 135 |
|---|
| 209 | | - | (b) Furnishing, supplying, constructing, reproducing, or 136 |
|---|
| 210 | | - | repairing any prosthetic denture, bridge, or appliance or any 137 |
|---|
| 211 | | - | other structure designed to be worn in the human mouth. 138 |
|---|
| 212 | | - | (c) Placing an appliance or a structure in the human mouth 139 |
|---|
| 213 | | - | or adjusting or attempting to adjust the appliance or structure. 140 |
|---|
| 214 | | - | (d) Correcting or attempting to correct malformations of 141 |
|---|
| 215 | | - | teeth or jaws. 142 |
|---|
| 216 | | - | (5)(3) For purposes of this section, D.D.S. or D.M.D. are 143 |
|---|
| 217 | | - | synonymous and may be used interchangeably by licensed dentists 144 |
|---|
| 218 | | - | who have graduated from an accredited American dental school 145 |
|---|
| 219 | | - | with a D.D.S. or D.M.D. degree, when advertising dental 146 |
|---|
| 220 | | - | services. 147 |
|---|
| 221 | | - | Section 5. Present paragraph (mm) of subsection (1) of 148 |
|---|
| 222 | | - | section 466.028, Florida Statutes, is redesignated as paragraph 149 |
|---|
| 223 | | - | (pp), and a new paragraph (mm) and paragraphs (nn) and (oo) are 150 |
|---|
| 199 | + | such is a minimum fee only; or 126 |
|---|
| 200 | + | (h) Contains other representations or implications that in 127 |
|---|
| 201 | + | reasonable probability will cause an ordinary, prudent person to 128 |
|---|
| 202 | + | misunderstand or to be deceived. 129 |
|---|
| 203 | + | (4) An advertisement of dental services provided through 130 |
|---|
| 204 | + | telehealth as defined in s. 456.47 must include a disclaimer 131 |
|---|
| 205 | + | that reads, in a clearly legib le font and size, "An in -person 132 |
|---|
| 206 | + | examination with a dentist licensed under chapter 466, Florida 133 |
|---|
| 207 | + | Statutes, is recommended before beginning telehealth treatment 134 |
|---|
| 208 | + | in order to prevent injury or harm" for each of the following 135 |
|---|
| 209 | + | services, if advertised: 136 |
|---|
| 210 | + | (a) The taking of an impression or the digital scanning of 137 |
|---|
| 211 | + | the human tooth, teeth, or jaws, directly or indirectly and by 138 |
|---|
| 212 | + | any means or method. 139 |
|---|
| 213 | + | (b) Furnishing, supplying, constructing, reproducing, or 140 |
|---|
| 214 | + | repairing any prosthetic denture, bridge, or appliance or any 141 |
|---|
| 215 | + | other structure designed to be worn in the human mouth. 142 |
|---|
| 216 | + | (c) Placing an appliance or a structure in the human mouth 143 |
|---|
| 217 | + | or adjusting or attempting to adjust the appliance or structure. 144 |
|---|
| 218 | + | (d) Correcting or attempting to correct malformations of 145 |
|---|
| 219 | + | teeth or jaws. 146 |
|---|
| 220 | + | (5)(3) For purposes of this section, D.D.S. or D.M.D. are 147 |
|---|
| 221 | + | synonymous and may be used interchangeably by licensed dentists 148 |
|---|
| 222 | + | who have graduated from an accredited American dental school 149 |
|---|
| 223 | + | with a D.D.S. or D.M.D. degree, when advertising dental 150 |
|---|
| 236 | | - | added to that subsection, to read: 151 |
|---|
| 237 | | - | 466.028 Grounds for disciplinary action; action by the 152 |
|---|
| 238 | | - | board.— 153 |
|---|
| 239 | | - | (1) The following acts constitute grounds for denial of a 154 |
|---|
| 240 | | - | license or disciplinary action, as specified in s. 456.072(2): 155 |
|---|
| 241 | | - | (mm) Failure by the dentist of record, before the initial 156 |
|---|
| 242 | | - | diagnosis and correction of a malposition of human teeth or 157 |
|---|
| 243 | | - | initial use of an orthodontic appliance, to perform an in -person 158 |
|---|
| 244 | | - | examination of the patient or obtain records from an in -person 159 |
|---|
| 245 | | - | examination within the last 6 months and to perform a review of 160 |
|---|
| 246 | | - | the patient's most recent diagnostic digital or conventional 161 |
|---|
| 247 | | - | radiographs or other equivalent bone imaging suitable for 162 |
|---|
| 248 | | - | orthodontia. 163 |
|---|
| 249 | | - | (nn) For dental services provided in -person or through 164 |
|---|
| 250 | | - | telehealth by an individual, a partnership, a corporation, or 165 |
|---|
| 251 | | - | any other entity, failing to provide each patient with the name, 166 |
|---|
| 252 | | - | contact telephone number, after -hours contact information for 167 |
|---|
| 253 | | - | emergencies, and, upon the patient's request, the license 168 |
|---|
| 254 | | - | information of each dentist who is providing dental services to 169 |
|---|
| 255 | | - | the patient. 170 |
|---|
| 256 | | - | (oo) For dental services provided through telehealth by an 171 |
|---|
| 257 | | - | individual, a partnership, a corporation, or any other entity, 172 |
|---|
| 258 | | - | failing to designate a dentist of record and make available, 173 |
|---|
| 259 | | - | before the rendering of such services and upon the patient's 174 |
|---|
| 260 | | - | request, the name, telephone number, practice address, and state 175 |
|---|
| 236 | + | services. 151 |
|---|
| 237 | + | Section 5. Present subsections (2) through (10) of section 152 |
|---|
| 238 | + | 466.024, Florida Statutes, are redesignated as subsections (3) 153 |
|---|
| 239 | + | through (11), respectively, a new subsection (2) is added to 154 |
|---|
| 240 | + | that section, and present subsections (3), (5), (6), and (8) are 155 |
|---|
| 241 | + | amended, to read: 156 |
|---|
| 242 | + | 466.024 Delegation of duties; expanded functions. — 157 |
|---|
| 243 | + | (2) Only a licensed dentist, a dental hygienist under 158 |
|---|
| 244 | + | general supervision, or a dental assistant under direct 159 |
|---|
| 245 | + | supervision may take an impression or perform digital scanning 160 |
|---|
| 246 | + | of the human tooth, teeth, or jaws, directly or indirectly and 161 |
|---|
| 247 | + | by any means or method, for the purpose of the practice of 162 |
|---|
| 248 | + | dentistry. 163 |
|---|
| 249 | + | (4)(3) For all remediable tasks listed in subsection (3) 164 |
|---|
| 250 | + | (2), the following disclaimer must be provided to the patient in 165 |
|---|
| 251 | + | writing before any procedure is performed: 166 |
|---|
| 252 | + | (a) The services being offered are not a substitute for a 167 |
|---|
| 253 | + | comprehensive dental exam by a dentist. 168 |
|---|
| 254 | + | (b) The diagnosis of caries, soft tissue disease, oral 169 |
|---|
| 255 | + | cancer, temporomandibular joint disease (TMJ), and dentofacial 170 |
|---|
| 256 | + | malocclusions will be completed only by a dentist in the context 171 |
|---|
| 257 | + | of delivering a comprehensive dental exam. 172 |
|---|
| 258 | + | (6)(5) A dental hygienist who performs, without 173 |
|---|
| 259 | + | supervision, the remediable tasks listed in subsection (3) (2) 174 |
|---|
| 260 | + | shall: 175 |
|---|
| 273 | | - | license number for the dentist of record and any other dentist 176 |
|---|
| 274 | | - | who will be involved in the provision of dental services to the 177 |
|---|
| 275 | | - | patient through telehealth. 178 |
|---|
| 276 | | - | Section 6. This act shall take effect July 1, 2023. 179 |
|---|
| 273 | + | (a) Provide a dental referral in strict compliance with 176 |
|---|
| 274 | + | federal and state patient referral, anti -kickback, and patient 177 |
|---|
| 275 | + | brokering laws. 178 |
|---|
| 276 | + | (b) Encourage the establishment of a dental home. 179 |
|---|
| 277 | + | (c) Maintain professional malpractice insurance coverage 180 |
|---|
| 278 | + | that has minimum limits of $100,000 per occurrence and $300,000 181 |
|---|
| 279 | + | in the aggregate through the employing health access setting or 182 |
|---|
| 280 | + | individual policy. 183 |
|---|
| 281 | + | (7)(6) Notwithstanding subsection (1) or subsection (3) 184 |
|---|
| 282 | + | (2), a dentist may delegate the tasks of gingival c urettage and 185 |
|---|
| 283 | + | root planing to a dental hygienist but not to a dental 186 |
|---|
| 284 | + | assistant. 187 |
|---|
| 285 | + | (9)(8) Notwithstanding subsection (1) or subsection (3) 188 |
|---|
| 286 | + | (2), a dentist may not delegate to anyone other than another 189 |
|---|
| 287 | + | licensed dentist: 190 |
|---|
| 288 | + | (a) Any prescription of drugs or medic ations requiring the 191 |
|---|
| 289 | + | written order or prescription of a licensed dentist or 192 |
|---|
| 290 | + | physician. 193 |
|---|
| 291 | + | (b) Any diagnosis for treatment or treatment planning. 194 |
|---|
| 292 | + | Section 6. Present paragraph (mm) of subsection (1) of 195 |
|---|
| 293 | + | section 466.028, Florida Statutes, is redesignated as paragraph 196 |
|---|
| 294 | + | (pp), and a new paragraph (mm) and paragraphs (nn) and (oo) are 197 |
|---|
| 295 | + | added to that subsection, to read: 198 |
|---|
| 296 | + | 466.028 Grounds for disciplinary action; action by the 199 |
|---|
| 297 | + | board.— 200 |
|---|
| 298 | + | |
|---|
| 299 | + | HB 503 2023 |
|---|
| 300 | + | |
|---|
| 301 | + | |
|---|
| 302 | + | |
|---|
| 303 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 304 | + | hb0503-00 |
|---|
| 305 | + | Page 9 of 12 |
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| 306 | + | 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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| 307 | + | |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | (1) The following acts constitute grounds for denial of a 201 |
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| 311 | + | license or disciplina ry action, as specified in s. 456.072(2): 202 |
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| 312 | + | (mm) Failure by the dentist of record, before the initial 203 |
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| 313 | + | diagnosis and correction of a malposition of human teeth or 204 |
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| 314 | + | initial use of an orthodontic appliance, to perform an in -person 205 |
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| 315 | + | examination of the patient or obtain records from an in -person 206 |
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| 316 | + | examination within the last 6 months and to perform a review of 207 |
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| 317 | + | the patient's most recent diagnostic digital or conventional 208 |
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| 318 | + | radiographs or other equivalent bone imaging suitable for 209 |
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| 319 | + | orthodontia. 210 |
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| 320 | + | (nn) For dental services provided in-person or through 211 |
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| 321 | + | telehealth by an individual, a partnership, a corporation, or 212 |
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| 322 | + | any other entity, failing to provide each patient with the name, 213 |
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| 323 | + | contact telephone number, after -hours contact information for 214 |
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| 324 | + | emergencies, and, upon the patient's request, the license 215 |
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| 325 | + | information of each dentist who is providing dental services to 216 |
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| 326 | + | the patient. 217 |
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| 327 | + | (oo) For dental services provided through telehealth by an 218 |
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| 328 | + | individual, a partnership, a corporation, or any other entity, 219 |
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| 329 | + | failing to designate a dentist of record and make available, 220 |
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| 330 | + | before the rendering of such services and upon the patient's 221 |
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| 331 | + | request, the name, telephone number, practice address, and state 222 |
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| 332 | + | license number for the dentist of record and any other dentist 223 |
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| 333 | + | who will be involved in the provision o f dental services to the 224 |
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| 334 | + | patient through telehealth. 225 |
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| 335 | + | |
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| 336 | + | HB 503 2023 |
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| 337 | + | |
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| 338 | + | |
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| 339 | + | |
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| 340 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 341 | + | hb0503-00 |
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| 342 | + | Page 10 of 12 |
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| 343 | + | 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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| 344 | + | |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | Section 7. Subsection (6) of section 409.906, Florida 226 |
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| 348 | + | Statutes, is amended to read: 227 |
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| 349 | + | 409.906 Optional Medicaid services. —Subject to specific 228 |
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| 350 | + | appropriations, the agency may make payments for services which 229 |
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| 351 | + | are optional to the state under Title XIX of the Social Security 230 |
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| 352 | + | Act and are furnished by Medicaid providers to recipients who 231 |
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| 353 | + | are determined to be eligible on the dates on which the services 232 |
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| 354 | + | were provided. Any optional service that is provided shal l be 233 |
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| 355 | + | provided only when medically necessary and in accordance with 234 |
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| 356 | + | state and federal law. Optional services rendered by providers 235 |
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| 357 | + | in mobile units to Medicaid recipients may be restricted or 236 |
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| 358 | + | prohibited by the agency. Nothing in this section shall be 237 |
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| 359 | + | construed to prevent or limit the agency from adjusting fees, 238 |
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| 360 | + | reimbursement rates, lengths of stay, number of visits, or 239 |
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| 361 | + | number of services, or making any other adjustments necessary to 240 |
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| 362 | + | comply with the availability of moneys and any limitations or 241 |
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| 363 | + | directions provided for in the General Appropriations Act or 242 |
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| 364 | + | chapter 216. If necessary to safeguard the state's systems of 243 |
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| 365 | + | providing services to elderly and disabled persons and subject 244 |
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| 366 | + | to the notice and review provisions of s. 216.177, the Governor 245 |
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| 367 | + | may direct the Agency for Health Care Administration to amend 246 |
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| 368 | + | the Medicaid state plan to delete the optional Medicaid service 247 |
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| 369 | + | known as "Intermediate Care Facilities for the Developmentally 248 |
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| 370 | + | Disabled." Optional services may include: 249 |
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| 371 | + | (6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 250 |
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| 372 | + | |
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| 373 | + | HB 503 2023 |
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| 374 | + | |
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| 375 | + | |
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| 376 | + | |
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| 377 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 378 | + | hb0503-00 |
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| 380 | + | 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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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | diagnostic, preventive, or corrective procedures, including 251 |
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| 385 | + | orthodontia in severe cases, provided to a recipient under age 252 |
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| 386 | + | 21, by or under the supervision of a licensed dentist. The 253 |
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| 387 | + | agency may also reimburse a health access setting as defined in 254 |
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| 388 | + | s. 466.003 for the remediable tasks that a licensed dental 255 |
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| 389 | + | hygienist is authorized to perform under s. 466.024(3) s. 256 |
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| 390 | + | 466.024(2). Services provided under this program include 257 |
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| 391 | + | treatment of the teeth and associated structures of the oral 258 |
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| 392 | + | cavity, as well as t reatment of disease, injury, or impairment 259 |
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| 393 | + | that may affect the oral or general health of the individual. 260 |
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| 394 | + | However, Medicaid will not provide reimbursement for dental 261 |
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| 395 | + | services provided in a mobile dental unit, except for a mobile 262 |
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| 396 | + | dental unit: 263 |
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| 397 | + | (a) Owned by, operated by, or having a contractual 264 |
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| 398 | + | agreement with the Department of Health and complying with 265 |
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| 399 | + | Medicaid's county health department clinic services program 266 |
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| 400 | + | specifications as a county health department clinic services 267 |
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| 401 | + | provider. 268 |
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| 402 | + | (b) Owned by, operated by, or having a contractual 269 |
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| 403 | + | arrangement with a federally qualified health center and 270 |
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| 404 | + | complying with Medicaid's federally qualified health center 271 |
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| 405 | + | specifications as a federally qualified health center provider. 272 |
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| 406 | + | (c) Rendering dental services to Medicaid recipi ents, 21 273 |
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| 407 | + | years of age and older, at nursing facilities. 274 |
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| 408 | + | (d) Owned by, operated by, or having a contractual 275 |
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| 409 | + | |
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| 410 | + | HB 503 2023 |
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| 411 | + | |
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| 412 | + | |
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| 413 | + | |
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| 414 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 415 | + | hb0503-00 |
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| 416 | + | Page 12 of 12 |
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| 417 | + | 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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| 418 | + | |
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| 419 | + | |
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| 420 | + | |
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| 421 | + | agreement with a state -approved dental educational institution. 276 |
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| 422 | + | Section 8. This act shall take effect July 1, 2023. 277 |
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