Florida 2023 Regular Session

Florida House Bill H1163 Compare Versions

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

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3	3	HB 1163 2023
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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 licensure examinations and 2
16	16	regulations; amending s. 466.006, F.S.; revising 3
17	17	licensure examination requirements for dentists; 4
18	18	amending s. 466.009, F.S.; revising reexamination 5
19	19	requirements; amending s. 466.0135, F.S.; revising 6
20	20	continuing education requirements; repealing s. 7
21	21	466.0282, F.S., relating to holding oneself out as a 8
22	22	dentist specialist; providing an effective date. 9
23	23	10
24	24	Be It Enacted by the Legislature of the State of Florida: 11
25	25	12
26	26	Section 1. Paragraph (b) of subsection (1), subsection 13
27	27	(2), paragraph (b) of subsection (4), and subsections (5) and 14
28	28	(6) of section 466.006, Florida Statutes, are amended to read: 15
29	29	466.006 Examination of dentists.— 16
30	30	(1) 17
31	31	(b) Any person desiring to be licensed as a dentist shall 18
32	32	apply to the department to take the licensure examinations and 19
33	33	shall verify the information required on the application by 20
34	34	oath. The application shall include two recent photogr aphs. 21
35	35	There shall be an application fee set by the board not to exceed 22
36	36	$100 which shall be nonrefundable. There shall also be an 23
37	37	examination fee set by the board, which shall not exceed $425 24
38	38	plus the actual per applicant cost to the department for 25
39	39
40	40	HB 1163 2023
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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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49	49
50	50
51	51	purchase of some or all of the examination from the American 26
52	52	Board of Dental Examiners or its successor entity, if any, 27
53	53	provided the board finds the successor entity's clinical 28
54	54	examination complies with the provisions of this section. The 29
55	55	examination fee may be re fundable if the applicant is found 30
56	56	ineligible to take the examinations. 31
57	57	(2) The department shall issue a license to an applicant 32
58	58	who the board certifies has met the following requirements An 33
59	59	applicant shall be entitled to take the examinations required i n 34
60	60	this section to practice dentistry in this state if the 35
61	61	applicant: 36
62	62	(a) Is 18 years of age or older. 37
63	63	(b)1. Is a graduate of a dental school accredited by the 38
64	64	American Dental Association Commission on Dental Accreditation 39
65	65	or its successor entity, if an y, or any other dental accrediting 40
66	66	entity recognized by the United States Department of Education; 41
67	67	or 42
68	68	2. Is a dental student in the final year of a program at 43
69	69	such an accredited dental school who has completed all the 44
70	70	coursework necessary to prepare the student to perform the 45
71	71	clinical and diagnostic procedures required to pass the 46
72	72	examinations. With respect to a dental student in the final year 47
73	73	of a program at a dental school, a passing score on the 48
74	74	examinations is valid for 365 days after the date the 49
75	75	examinations were completed. A dental school student who takes 50
76	76
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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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86	86
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88	88	the licensure examinations during the student's final year of an 51
89	89	approved dental school must have graduated before being 52
90	90	certified for licensure pursuant to s. 466.011. 53
91	91	(c)1. Has successfully completed the examination 54
92	92	administered by the Joint Commission on National Dental 55
93	93	Examinations or its successor organization. National Board of 56
94	94	Dental Examiners dental examination; or 57
95	95	2. Has an active health access dental license in this 58
96	96	state; and 59
97	97	a. The applicant has at least 5,000 hours within 4 60
98	98	consecutive years of clinical practice experience providing 61
99	99	direct patient care in a health access setting as defined in s. 62
100	100	466.003; the applicant is a retired veteran dentist of any 63
101	101	branch of the United State s Armed Services who has practiced 64
102	102	dentistry while on active duty and has at least 3,000 hours 65
103	103	within 3 consecutive years of clinical practice experience 66
104	104	providing direct patient care in a health access setting as 67
105	105	defined in s. 466.003; or the applicant ha s provided a portion 68
106	106	of his or her salaried time teaching health profession students 69
107	107	in any public education setting, including, but not limited to, 70
108	108	a community college, college, or university, and has at least 71
109	109	3,000 hours within 3 consecutive years of cli nical practice 72
110	110	experience providing direct patient care in a health access 73
111	111	setting as defined in s. 466.003; 74
112	112	b. The applicant has not been disciplined by the board, 75
113	113
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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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123	123
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125	125	except for citation offenses or minor violations; 76
126	126	c. The applicant has not filed a repo rt pursuant to s. 77
127	127	456.049; and 78
128	128	d. The applicant has not been convicted of or pled nolo 79
129	129	contendere to, regardless of adjudication, any felony or 80
130	130	misdemeanor related to the practice of a health care profession. 81
131	131	(4) Notwithstanding any other provision of law in chapter 82
132	132	456 pertaining to the clinical dental licensure examination or 83
133	133	national examinations, to be licensed as a dentist in this 84
134	134	state, an applicant must successfully complete both of the 85
135	135	following: 86
136	136	(b) A practical or clinical examination, which must be the 87
137	137	American Dental Licensing Examination produced by the American 88
138	138	Board of Dental Examiners, Inc., or its successor entity, if 89
139	139	any, that is administered in this state, provided that the board 90
140	140	has attained, and continues to maintain thereafter, 91
141	141	representation on the board of directors of the American Board 92
142	142	of Dental Examiners, the examination development committee of 93
143	143	the American Board of Dental Examiners, and such other 94
144	144	committees of the American Board of Dental Examiners as the 95
145	145	board deems appropriate by rule to assure that the standards 96
146	146	established herein are maintained organizationally. A passing 97
147	147	score on the American Dental Licensing Examination administered 98
148	148	in this state is valid for 365 days after the date the official 99
149	149	examination results are published. 100
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158	158	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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162	162	1. As an alternative to such practical or clinical 101
163	163	examination, an applicant may submit scores from an American 102
164	164	Dental Licensing Examination previously administered in a 103
165	165	jurisdiction other than this state after October 1, 2011, and 104
166	166	such examination results shall be recognized as valid for the 105
167	167	purpose of licensure in this state. A passing score on the 106
168	168	American Dental Licensing Examination administered out of state 107
169	169	shall be the same as the passing score for the American Dental 108
170	170	Licensing Examination administered in this state. The 109
171	171	examination results are valid for 365 days after the date the 110
172	172	official examination results are published. The applicant must 111
173	173	have completed the examination after October 1, 2011. This 112
174	174	subparagraph may not be given retroac tive application. 113
175	175	2. If the date of an applicant's passing American Dental 114
176	176	Licensing Examination scores from an examination previously 115
177	177	administered in a jurisdiction other than this state under 116
178	178	subparagraph 1. is older than 365 days, such scores are 117
179	179	nevertheless valid for the purpose of licensure in this state, 118
180	180	but only if the applicant demonstrates that all of the following 119
181	181	additional standards have been met: 120
182	182	a. The applicant completed the American Dental Licensing 121
183	183	Examination after October 1, 2011. Th is sub-subparagraph may not 122
184	184	be given retroactive application; 123
185	185	b. The applicant graduated from a dental school accredited 124
186	186	by the American Dental Association Commission on Dental 125
187	187
188	188	HB 1163 2023
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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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197	197
198	198
199	199	Accreditation or its successor entity, if any, or any other 126
200	200	dental accrediting organization recognized by the United States 127
201	201	Department of Education. Provided, however, if the applicant did 128
202	202	not graduate from such a dental school, the applicant may submit 129
203	203	proof of having successfully completed a full -time supplemental 130
204	204	general dentistry program accredited by the American Dental 131
205	205	Association Commission on Dental Accreditation of at least 2 132
206	206	consecutive academic years at such accredited sponsoring 133
207	207	institution. Such program must provide didactic and clinical 134
208	208	education at the level of a D.D. S. or D.M.D. program accredited 135
209	209	by the American Dental Association Commission on Dental 136
210	210	Accreditation. For purposes of this sub -subparagraph, a 137
211	211	supplemental general dentistry program does not include an 138
212	212	advanced education program in a dental specialty; 139
213	213	c. The applicant currently possesses a valid and active 140
214	214	dental license in good standing, with no restriction, which has 141
215	215	never been revoked, suspended, restricted, or otherwise 142
216	216	disciplined, from another state or territory of the United 143
217	217	States, the District o f Columbia, or the Commonwealth of Puerto 144
218	218	Rico; 145
219	219	d. The applicant submits proof that he or she has never 146
220	220	been reported to the National Practitioner Data Bank, the 147
221	221	Healthcare Integrity and Protection Data Bank, or the American 148
222	222	Association of Dental Boards Clearinghouse. This sub -149
223	223	subparagraph does not apply if the applicant successfully 150
224	224
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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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234	234
235	235
236	236	appealed to have his or her name removed from the data banks of 151
237	237	these agencies; 152
238	238	e.(I)(A) The applicant submits proof of having been 153
239	239	consecutively engaged in the full -time practice of dentistry in 154
240	240	another state or territory of the United States, the District of 155
241	241	Columbia, or the Commonwealth of Puerto Rico in the 5 years 156
242	242	immediately preceding the date of application for licensure in 157
243	243	this state; or 158
244	244	(B) If the applicant has be en licensed in another state or 159
245	245	territory of the United States, the District of Columbia, or the 160
246	246	Commonwealth of Puerto Rico for less than 5 years, the applicant 161
247	247	submits proof of having been engaged in the full -time practice 162
248	248	of dentistry since the date of his or her initial licensure. 163
249	249	(II) As used in this section, "full -time practice" is 164
250	250	defined as a minimum of 1,200 hours per year for each and every 165
251	251	year in the consecutive 5 -year period or, when applicable, the 166
252	252	period since initial licensure, and must in clude any combination 167
253	253	of the following: 168
254	254	(A) Active clinical practice of dentistry providing direct 169
255	255	patient care. 170
256	256	(B) Full-time practice as a faculty member employed by a 171
257	257	dental or dental hygiene school approved by the board or 172
258	258	accredited by the America n Dental Association Commission on 173
259	259	Dental Accreditation. 174
260	260	(C) Full-time practice as a student at a postgraduate 175
261	261
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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
270	270
271	271
272	272
273	273	dental education program approved by the board or accredited by 176
274	274	the American Dental Association Commission on Dental 177
275	275	Accreditation. 178
276	276	179
277	277	The board may excuse an applicant from the 1,200 -hour 180
278	278	requirement in the event of an unusual circumstance, an 181
279	279	emergency, or a special hardship. 182
280	280	(III) The board shall develop rules to determine what type 183
281	281	of proof of full-time practice is required and to recoup the 184
282	282	cost to the board of verifying full -time practice under this 185
283	283	section. Such proof must, at a minimum, be: 186
284	284	(A) Admissible as evidence in an administrative 187
285	285	proceeding; 188
286	286	(B) Submitted in writing; 189
287	287	(C) Submitted by the applicant under oath with penalties 190
288	288	of perjury attached; 191
289	289	(C)(D) Further documented by an applicant's annual income 192
290	290	tax return filed with the Internal Revenue Service for the last 193
291	291	5 years or, when applicable, the period since initial licensure 194
292	292	affidavit of someone unrelated to the applicant w ho is familiar 195
293	293	with the applicant's practice and testifies with particularity 196
294	294	that the applicant has been engaged in full -time practice; and 197
295	295	(D)(E) Specifically found by the board to be both credible 198
296	296	and admissible. 199
297	297	(IV) An affidavit of only the applic ant is not acceptable 200
298	298
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306	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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308	308
309	309
310	310	proof of full-time practice unless it is further attested to by 201
311	311	someone unrelated to the applicant who has personal knowledge of 202
312	312	the applicant's practice. If the board deems it necessary to 203
313	313	assess credibility or accuracy, the board ma y require the 204
314	314	applicant or the applicant's witnesses to appear before the 205
315	315	board and give oral testimony under oath; 206
316	316	f. The applicant submits documentation that he or she has 207
317	317	completed, or will complete before he or she is licensed in this 208
318	318	state, continuing education equivalent to this state's 209
319	319	requirements for the last full reporting biennium; 210
320	320	g. The applicant proves that he or she has never been 211
321	321	convicted of, or pled nolo contendere to, regardless of 212
322	322	adjudication, any felony or misdemeanor related to th e practice 213
323	323	of a health care profession in any jurisdiction; 214
324	324	h. The applicant has successfully passed a written 215
325	325	examination on the laws and rules of this state regulating the 216
326	326	practice of dentistry and the computer -based diagnostic skills 217
327	327	examination; and 218
328	328	i. The applicant submits documentation that he or she has 219
329	329	successfully completed the applicable examination administered 220
330	330	by the Joint Commission on National Dental Examinations or its 221
331	331	successor organization. 222
332	332	(5)(a) The practical examination required un der subsection 223
333	333	(4) is the American Dental Licensing Examination developed by 224
334	334	the American Board of Dental Examiners, Inc., or its successor 225
335	335
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343	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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347	347	entity, if any, provided the board finds that the successor 226
348	348	entity's clinical examination complies with the provisio ns of 227
349	349	this section, and must include, at a minimum: 228
350	350	1. A comprehensive diagnostic skills examination covering 229
351	351	the full scope of dentistry and an examination on applied 230
352	352	clinical diagnosis and treatment planning in dentistry for 231
353	353	dental candidates; 232
354	354	2. Two restorations on a manikin that has typodont teeth 233
355	355	with simulated caries as approved by the Commission on Dental 234
356	356	Competency Assessments. The board by rule shall determine the 235
357	357	class of such restorations; 236
358	358	3. A demonstration of periodontal skills on a manik in that 237
359	359	has typodont teeth with simulated calculus as approved by the 238
360	360	Commission on Dental Competency Assessments; 239
361	361	4. A demonstration of prosthetics and restorative skills 240
362	362	in complete and partial dentures and crowns and bridges and the 241
363	363	utilization of practical methods of evaluation, specifically 242
364	364	including the evaluation by the candidate of completed 243
365	365	laboratory products such as, but not limited to, crowns and 244
366	366	inlays filled to prepared model teeth; 245
367	367	5. A demonstration of restorative skills on a manikin 246
368	368	which requires the candidate to complete procedures performed in 247
369	369	preparation for a cast restoration; 248
370	370	6. A demonstration of endodontic skills; and 249
371	371	7. A diagnostic skills examination demonstrating ability 250
372	372
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380	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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382	382
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384	384	to diagnose conditions within the human oral cavity and its 251
385	385	adjacent tissues and structures from photographs, slides, 252
386	386	radiographs, or models pursuant to rules of the board. If an 253
387	387	applicant fails to pass the diagnostic skills examination in 254
388	388	three attempts, the applicant is not eligible for reexamination 255
389	389	unless she or he completes additional educational requirements 256
390	390	established by the board. 257
391	391	(b) The department shall consult with the board in 258
392	392	planning the times, places, physical facilities, training of 259
393	393	personnel, and other arrangements concerning the administ ration 260
394	394	of the examination. The board or a duly designated committee 261
395	395	thereof shall approve the final plans for the administration of 262
396	396	the examination; 263
397	397	(b)(c) If the applicant fails to pass the clinical 264
398	398	examination in three attempts, the applicant shall not be 265
399	399	eligible for reexamination unless she or he completes additional 266
400	400	educational requirements established by the board; and 267
401	401	(c)(d) The board may by rule provide for additional 268
402	402	procedures which are to be tested, provided such procedures 269
403	403	shall be common to the practice of general dentistry. The board 270
404	404	by rule shall determine the passing grade for each procedure and 271
405	405	the acceptable variation for examiners. No such rule shall apply 272
406	406	retroactively. 273
407	407	274
408	408	The department shall require a mandatory standardization 275
409	409
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417	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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419	419
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421	421	exercise for all examiners prior to each practical or clinical 276
422	422	examination and shall retain for employment only those dentists 277
423	423	who have substantially adhered to the standard of grading 278
424	424	established at such exercise. 279
425	425	(6)(a) It is the finding of the Legislature th at absent a 280
426	426	threat to the health, safety, and welfare of the public, the 281
427	427	relocation of applicants to practice dentistry within the 282
428	428	geographic boundaries of this state, who are lawfully and 283
429	429	currently practicing dentistry in another state or territory of 284
430	430	the United States, the District of Columbia, or the Commonwealth 285
431	431	of Puerto Rico, based on their scores from the American Dental 286
432	432	Licensing Examination administered in a state other than this 287
433	433	state, is substantially related to achieving the important state 288
434	434	interest of improving access to dental care for underserved 289
435	435	citizens of this state and furthering the economic development 290
436	436	goals of the state. Therefore, in order to maintain valid active 291
437	437	licensure in this state, all applicants for licensure who are 292
438	438	relocating to this state based on scores from the American 293
439	439	Dental Licensing Examination administered in a state other than 294
440	440	this state must actually engage in the full -time practice of 295
441	441	dentistry inside the geographic boundaries of this state within 296
442	442	1 year of receiving such licensure in this state. The 297
443	443	Legislature finds that, if such applicants do not actually 298
444	444	engage in the full-time practice of dentistry within the 299
445	445	geographic boundaries of this state within 1 year of receiving 300
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454	454	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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458	458	such a license in this state, access to d ental care for the 301
459	459	public will not significantly increase, patients' continuity of 302
460	460	care will not be attained, and the economic development goals of 303
461	461	the state will not be significantly met. 304
462	462	(b)1. As used in this section, "full -time practice of 305
463	463	dentistry within the geographic boundaries of this state within 306
464	464	1 year" is defined as a minimum of 1,200 hours in the initial 307
465	465	year of licensure, which must include any combination of the 308
466	466	following: 309
467	467	a. Active clinical practice of dentistry providing direct 310
468	468	patient care within the geographic boundaries of this state. 311
469	469	b. Full-time practice as a faculty member employed by a 312
470	470	dental or dental hygiene school approved by the board or 313
471	471	accredited by the American Dental Association Commission on 314
472	472	Dental Accreditation and loca ted within the geographic 315
473	473	boundaries of this state. 316
474	474	c. Full-time practice as a student at a postgraduate 317
475	475	dental education program approved by the board or accredited by 318
476	476	the American Dental Association Commission on Dental 319
477	477	Accreditation and located within the geographic boundaries of 320
478	478	this state. 321
479	479	2. The board shall develop rules to determine what type of 322
480	480	proof of full-time practice of dentistry within the geographic 323
481	481	boundaries of this state for 1 year is required in order to 324
482	482	maintain active licensure and shall develop rules to recoup the 325
483	483
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491	491	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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493	493
494	494
495	495	cost to the board of verifying maintenance of such full -time 326
496	496	practice under this section. Such proof must, at a minimum: 327
497	497	a. Be admissible as evidence in an administrative 328
498	498	proceeding; 329
499	499	b. Be submitted in writing; 330
500	500	c. Be submitted by the applicant under oath with penalties 331
501	501	of perjury attached; 332
502	502	d. Be further documented by an affidavit of someone 333
503	503	unrelated to the applicant who is familiar with the applicant's 334
504	504	practice and testifies with particularity that the applicant ha s 335
505	505	been engaged in full -time practice of dentistry within the 336
506	506	geographic boundaries of this state within the last 365 days; 337
507	507	and 338
508	508	e. Include such additional proof as specifically found by 339
509	509	the board to be both credible and admissible. 340
510	510	3. An affidavit of on ly the applicant is not acceptable 341
511	511	proof of full-time practice of dentistry within the geographic 342
512	512	boundaries of this state within 1 year, unless it is further 343
513	513	attested to by someone unrelated to the applicant who has 344
514	514	personal knowledge of the applicant's p ractice within the last 345
515	515	365 days. If the board deems it necessary to assess credibility 346
516	516	or accuracy, the board may require the applicant or the 347
517	517	applicant's witnesses to appear before the board and give oral 348
518	518	testimony under oath. 349
519	519	(c) It is the further int ent of the Legislature that a 350
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528	528	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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532	532	license issued pursuant to paragraph (a) shall expire in the 351
533	533	event the board finds that it did not receive acceptable proof 352
534	534	of full-time practice within the geographic boundaries of this 353
535	535	state within 1 year after the initial i ssuance of the license. 354
536	536	The board shall make reasonable attempts within 30 days prior to 355
537	537	the expiration of such a license to notify the licensee in 356
538	538	writing at his or her last known address of the need for proof 357
539	539	of full-time practice in order to continue li censure. If the 358
540	540	board has not received a satisfactory response from the licensee 359
541	541	within the 30-day period, the licensee must be served with 360
542	542	actual or constructive notice of the pending expiration of 361
543	543	licensure and be given 20 days in which to submit proof r equired 362
544	544	in order to continue licensure. If the 20 -day period expires and 363
545	545	the board finds it has not received acceptable proof of full -364
546	546	time practice within the geographic boundaries of this state 365
547	547	within 1 year after the initial issuance of the license, then 366
548	548	the board must issue an administrative order finding that the 367
549	549	license has expired. Such an order may be appealed by the former 368
550	550	licensee in accordance with the provisions of chapter 120. In 369
551	551	the event of expiration, the licensee shall immediately cease 370
552	552	and desist from practicing dentistry and shall immediately 371
553	553	surrender to the board the wallet -size identification card and 372
554	554	wall card. A person who uses or attempts to use a license issued 373
555	555	pursuant to this section which has expired commits unlicensed 374
556	556	practice of dentistry, a felony of the third degree pursuant to 375
557	557
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569	569	s. 466.026(1)(b), punishable as provided in s. 775.082, s. 376
570	570	775.083, or s. 775.084. 377
571	571	Section 2. Subsection (1) of section 466.009, Florida 378
572	572	Statutes, is amended to read: 379
573	573	466.009 Reexamination. — 380
574	574	(1) The department shall permit Any person who fails an 381
575	575	examination which is required under s. 466.006 or s. 466.007 may 382
576	576	to retake the examination. If the examination to be retaken is a 383
577	577	practical or clinical examination, the applicant shall pay a 384
578	578	reexamination fee set by rule of the board in an amount not to 385
579	579	exceed the original examination fee. 386
580	580	Section 3. Paragraph (c) of subsection (1) of section 387
581	581	466.0135, Florida Statutes, is amended to read: 388
582	582	466.0135 Continuing education; dentists. — 389
583	583	(1) In addition to the other requirements for renewal set 390
584	584	out in this chapter, each licensed dentist shall be required to 391
585	585	complete biennially not less than 30 hours of continuing 392
586	586	professional education in dental subjects, with a minimum of 2 393
587	587	hours of continuing education on the safe and effective 394
588	588	prescribing of controlled substances. Programs of continuing 395
589	589	education shall be programs of learning that contribute directly 396
590	590	to the dental education of the dentist and may include, but 397
591	591	shall not be limited to, at tendance at lectures, study clubs, 398
592	592	college postgraduate courses, or scientific sessions of 399
593	593	conventions; and research, graduate study, teaching, or service 400
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606	606	as a clinician. Programs of continuing education shall be 401
607	607	acceptable when adhering to the following g eneral guidelines: 402
608	608	(c) The board may also authorize up to 3 hours of credit 403
609	609	biennially for a practice management course that includes 404
610	610	principles of ethical practice management, provides substance 405
611	611	abuse, effective communication with patients, time managem ent, 406
612	612	or and burnout prevention instruction. 407
613	613	Section 4. Section 466.0282, Florida Statutes, is 408
614	614	repealed. 409
615	615	Section 5. This act shall take effect July 1, 2023. 410