Florida 2024 Regular Session

Florida House Bill H1173 Compare Versions

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

Old	New	Differences
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3	3	HB 1173 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1173-00
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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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12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to dental therapy; amending s. 2
16	16	409.906, F.S.; authorizing Medicaid to reimburse for 3
17	17	dental services provided in a mobile dental unit that 4
18	18	is owned by, operated by, or contracted with a health 5
19	19	access setting or another similar setting or pro gram; 6
20	20	amending s. 466.001, F.S.; revising legislative 7
21	21	purpose and intent; amending s. 466.002, F.S.; 8
22	22	providing applicability; reordering and amending s. 9
23	23	466.003, F.S.; defining the terms "dental therapist" 10
24	24	and "dental therapy"; making technical changes; 11
25	25	amending s. 466.004, F.S.; requiring the chair of the 12
26	26	Board of Dentistry to appoint a Council on Dental 13
27	27	Therapy, effective after a specified timeframe; 14
28	28	providing for membership, meetings, and the purpose of 15
29	29	the council; amending s. 466.006, F.S.; revising th e 16
30	30	definitions of the terms "full -time practice" and 17
31	31	"full-time practice of dentistry within the geographic 18
32	32	boundaries of this state within 1 year" to include 19
33	33	full-time faculty members of certain dental therapy 20
34	34	schools; amending s. 466.009, F.S.; requiring the 21
35	35	Department of Health to allow any person who fails the 22
36	36	dental therapy examination to retake the examination; 23
37	37	providing that a person who fails a practical or 24
38	38	clinical examination to practice dental therapy and 25
39	39
40	40	HB 1173 2024
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42	42
43	43
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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
48	48
49	49
50	50
51	51	who has failed one part or procedure of th e 26
52	52	examination may be required to retake only that part 27
53	53	or procedure to pass the examination; amending s. 28
54	54	466.011, F.S.; requiring the board to certify an 29
55	55	applicant for licensure as a dental therapist; 30
56	56	creating s. 466.0136, F.S.; requiring the board to 31
57	57	require each licensed dental therapist to complete a 32
58	58	specified number of hours of continuing education; 33
59	59	requiring the board to adopt rules and guidelines; 34
60	60	authorizing the board to excuse licensees from 35
61	61	continuing education requirements in certain 36
62	62	circumstances; amending s. 466.016, F.S.; requiring a 37
63	63	practitioner of dental therapy to post and display her 38
64	64	or his license in each office where she or he 39
65	65	practices; amending s. 466.017, F.S.; requiring the 40
66	66	board to adopt certain rules relating to dental 41
67	67	therapists; authorizing a dental therapist under the 42
68	68	general supervision of a dentist to administer local 43
69	69	anesthesia and operate an X -ray machine, expose dental 44
70	70	X-ray films, and interpret or read such films if 45
71	71	specified requirements are met; correcting the 46
72	72	spelling of a term; amending s. 466.018, F.S.; 47
73	73	providing that a dentist of record remains primarily 48
74	74	responsible for the dental treatment of a patient 49
75	75	regardless of whether the treatment is provided by a 50
76	76
77	77	HB 1173 2024
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1173-00
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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
85	85
86	86
87	87
88	88	dental therapist; requiring that the initials of a 51
89	89	dental therapist who renders treatment to a patient be 52
90	90	placed in the record of the patient; creating s. 53
91	91	466.0225, F.S.; providing application requirements and 54
92	92	examination and licensure qualifications for dental 55
93	93	therapists; creating s. 466.0227, F.S.; authorizing a 56
94	94	dental therapist to perform specified services under 57
95	95	the general supervision of a dentist under certain 58
96	96	conditions; specifying state -specific dental therapy 59
97	97	services; requiring that a collaborative management 60
98	98	agreement be signed by a supervising dentist and a 61
99	99	dental therapist and to include certain information; 62
100	100	requiring the supervising dentist to determine the 63
101	101	number of hours of practice that a dental therapist 64
102	102	must complete before performing certain authorized 65
103	103	services; authorizing a supervising dentist to 66
104	104	restrict or limit the dental therapist's practice in a 67
105	105	collaborative management agreement; providing that a 68
106	106	supervising dentist may authorize a dental therapist 69
107	107	to provide dental therapy services to a patient before 70
108	108	the dentist examines or diagnoses the patien t under 71
109	109	certain conditions; requiring a supervising dentist to 72
110	110	be licensed and practicing in this state; specifying 73
111	111	that the supervising dentist is responsible for 74
112	112	certain services; amending s. 466.026, F.S.; providing 75
113	113
114	114	HB 1173 2024
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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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
122	122
123	123
124	124
125	125	criminal penalties for practicing den tal therapy 76
126	126	without an active license, selling or offering to sell 77
127	127	a diploma from a dental therapy school or college, 78
128	128	falsely using a specified name or initials, or holding 79
129	129	oneself out as an actively licensed dental therapist; 80
130	130	amending s. 466.028, F.S.; re vising grounds for denial 81
131	131	of a license or disciplinary action to include the 82
132	132	practice of dental therapy; amending s. 466.0285, 83
133	133	F.S.; prohibiting persons other than licensed dentists 84
134	134	from employing a dental therapist in the operation of 85
135	135	a dental office and from controlling the use of any 86
136	136	dental equipment or material in certain circumstances; 87
137	137	requiring the department, in consultation with the 88
138	138	board and the Agency for Health Care Administration, 89
139	139	to provide reports to the Legislature by specified 90
140	140	dates; requiring that certain information and 91
141	141	recommendations be included in the reports; providing 92
142	142	an effective date. 93
143	143	94
144	144	Be It Enacted by the Legislature of the State of Florida: 95
145	145	96
146	146	Section 1. Paragraph (c) of subsection (1) of section 97
147	147	409.906, Florida Statutes, is amended, and paragraph (e) is 98
148	148	added to subsection (6) of that section, to read: 99
149	149	409.906 Optional Medicaid services. —Subject to specific 100
150	150
151	151	HB 1173 2024
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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
159	159
160	160
161	161
162	162	appropriations, the agency may make payments for services which 101
163	163	are optional to the state under Title XIX of the So cial Security 102
164	164	Act and are furnished by Medicaid providers to recipients who 103
165	165	are determined to be eligible on the dates on which the services 104
166	166	were provided. Any optional service that is provided shall be 105
167	167	provided only when medically necessary and in accorda nce with 106
168	168	state and federal law. Optional services rendered by providers 107
169	169	in mobile units to Medicaid recipients may be restricted or 108
170	170	prohibited by the agency. Nothing in this section shall be 109
171	171	construed to prevent or limit the agency from adjusting fees, 110
172	172	reimbursement rates, lengths of stay, number of visits, or 111
173	173	number of services, or making any other adjustments necessary to 112
174	174	comply with the availability of moneys and any limitations or 113
175	175	directions provided for in the General Appropriations Act or 114
176	176	chapter 216. If necessary to safeguard the state's systems of 115
177	177	providing services to elderly and disabled persons and subject 116
178	178	to the notice and review provisions of s. 216.177, the Governor 117
179	179	may direct the Agency for Health Care Administration to amend 118
180	180	the Medicaid state plan to delete the optional Medicaid service 119
181	181	known as "Intermediate Care Facilities for the Developmentally 120
182	182	Disabled." Optional services may include: 121
183	183	(1) ADULT DENTAL SERVICES. — 122
184	184	(c) However, Medicaid will not provide reimbursement for 123
185	185	dental services provided in a mobile dental unit, except for a 124
186	186	mobile dental unit: 125
187	187
188	188	HB 1173 2024
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
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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	1. Owned by, operated by, or having a contractual 126
200	200	agreement with the Department of Health and complying with 127
201	201	Medicaid's county health department clinic services program 128
202	202	specifications as a county health department clinic services 129
203	203	provider. 130
204	204	2. Owned by, operated by, or having a contractual 131
205	205	arrangement with a federally qualified health center and 132
206	206	complying with Medicaid's federally qualified health center 133
207	207	specifications as a federally qua lified health center provider. 134
208	208	3. Rendering dental services to Medicaid recipients, 21 135
209	209	years of age and older, at nursing facilities. 136
210	210	4. Owned by, operated by, or having a contractual 137
211	211	agreement with a state -approved dental educational institution. 138
212	212	5. Owned by, operated by, or having a contractual 139
213	213	agreement with a health access setting as defined in s. 466.003 140
214	214	or a similar setting or program. 141
215	215	(6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 142
216	216	diagnostic, preventive, or corrective procedures, incl uding 143
217	217	orthodontia in severe cases, provided to a recipient under age 144
218	218	21, by or under the supervision of a licensed dentist. The 145
219	219	agency may also reimburse a health access setting as defined in 146
220	220	s. 466.003 for the remediable tasks that a licensed dental 147
221	221	hygienist is authorized to perform under s. 466.024(2). Services 148
222	222	provided under this program include treatment of the teeth and 149
223	223	associated structures of the oral cavity, as well as treatment 150
224	224
225	225	HB 1173 2024
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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	of disease, injury, or impairment that may affect the oral or 151
237	237	general health of the individual. However, Medicaid will not 152
238	238	provide reimbursement for dental services provided in a mobile 153
239	239	dental unit, except for a mobile dental unit: 154
240	240	(e) Owned by, operated by, or having a contractual 155
241	241	agreement with a health access setting as defined in s. 466.003 156
242	242	or a similar setting or program. 157
243	243	Section 2. Section 466.001, Florida Statutes, is amended 158
244	244	to read: 159
245	245	466.001 Legislative purpose and intent. —The legislative 160
246	246	purpose for enacting this chapter is to ensure that every 161
247	247	dentist, dental therapist, or dental hygienist practicing in 162
248	248	this state meets minimum requirements for safe practice without 163
249	249	undue clinical interference by persons not licensed under this 164
250	250	chapter. It is the legislative intent that dental services be 165
251	251	provided only in accordance with the provisions of this chapter 166
252	252	and not be delegated to unauthorized individuals. It is the 167
253	253	further legislative intent that dentists , dental therapists, and 168
254	254	dental hygienists who fall below minimum competency or who 169
255	255	otherwise present a dan ger to the public shall be prohibited 170
256	256	from practicing in this state. All provisions of this chapter 171
257	257	relating to the practice of dentistry , dental therapy, and 172
258	258	dental hygiene shall be liberally construed to carry out such 173
259	259	purpose and intent. 174
260	260	Section 3. Subsections (5) and (6) of section 466.002, 175
261	261
262	262	HB 1173 2024
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	Florida Statutes, are amended to read: 176
274	274	466.002 Persons exempt from operation of chapter. —Nothing 177
275	275	in this chapter shall apply to the following practices, acts, 178
276	276	and operations: 179
277	277	(5) Students in Florida schools o f dentistry, dental 180
278	278	therapy, and dental hygiene or dental assistant educational 181
279	279	programs, while performing regularly assigned work under the 182
280	280	curriculum of such schools or programs. 183
281	281	(6) Instructors in Florida schools of dentistry, 184
282	282	instructors in dental pr ograms that prepare persons holding 185
283	283	D.D.S. or D.M.D. degrees for certification by a specialty board 186
284	284	and that are accredited in the United States by January 1, 2005, 187
285	285	in the same manner as the board recognizes accreditation for 188
286	286	Florida schools of dentistry t hat are not otherwise affiliated 189
287	287	with a Florida school of dentistry, or instructors in Florida 190
288	288	schools of dental hygiene or dental therapy or dental assistant 191
289	289	educational programs, while performing regularly assigned 192
290	290	instructional duties under the curricul um of such schools or 193
291	291	programs. A full-time dental instructor at a dental school or 194
292	292	dental program approved by the board may be allowed to practice 195
293	293	dentistry at the teaching facilities of such school or program, 196
294	294	upon receiving a teaching permit issued by t he board, in strict 197
295	295	compliance with such rules as are adopted by the board 198
296	296	pertaining to the teaching permit and with the established rules 199
297	297	and procedures of the dental school or program as recognized in 200
298	298
299	299	HB 1173 2024
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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	this section. 201
311	311	Section 4. Section 466.003, Florid a Statutes, is reordered 202
312	312	and amended to read: 203
313	313	466.003 Definitions. —As used in this chapter , the term: 204
314	314	(1) "Board" means the Board of Dentistry. 205
315	315	(7)(2) "Dentist" means a person licensed to practice 206
316	316	dentistry pursuant to this chapter. 207
317	317	(8)(3) "Dentistry" means the healing art which is 208
318	318	concerned with the examination, diagnosis, treatment planning, 209
319	319	and care of conditions within the human oral cavity and its 210
320	320	adjacent tissues and structures. It includes the performance or 211
321	321	attempted performance of any denta l operation, or oral or oral -212
322	322	maxillofacial surgery and any procedures adjunct thereto, 213
323	323	including physical evaluation directly related to such operation 214
324	324	or surgery pursuant to hospital rules and regulations. It also 215
325	325	includes dental service of any kind gratu itously or for any 216
326	326	remuneration paid, or to be paid, directly or indirectly, to any 217
327	327	person or agency. The term "dentistry" shall also includes 218
328	328	include the following: 219
329	329	(a) The Taking of an impression of the human tooth, teeth, 220
330	330	or jaws directly or indirectl y and by any means or method. 221
331	331	(b) Supplying artificial substitutes for the natural teeth 222
332	332	or furnishing, supplying, constructing, reproducing, or 223
333	333	repairing any prosthetic denture, bridge, appliance, or any 224
334	334	other structure designed to be worn in the human mouth except on 225
335	335
336	336	HB 1173 2024
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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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345	345
346	346
347	347	the written work order of a duly licensed dentist. 226
348	348	(c) The Placing of an appliance or structure in the human 227
349	349	mouth or the adjusting or attempting to adjust the same. 228
350	350	(d) Delivering the same to any person other than the 229
351	351	dentist upon whose work order the work was performed. 230
352	352	(e) Professing to the public by any method to furnish, 231
353	353	supply, construct, reproduce, or repair any prosthetic denture, 232
354	354	bridge, appliance, or other structure designed to be worn in the 233
355	355	human mouth. 234
356	356	(f) Diagnosing, prescribing, or treating or professing to 235
357	357	diagnose, prescribe, or treat disease, pain, deformity, 236
358	358	deficiency, injury, or physical condition of the human teeth or 237
359	359	jaws or oral-maxillofacial region. 238
360	360	(g) Extracting or attempting to extract human teeth. 239
361	361	(h) Correcting or attempting to correct malformations of 240
362	362	teeth or of jaws. 241
363	363	(i) Repairing or attempting to repair cavities in the 242
364	364	human teeth. 243
365	365	(3)(4) "Dental hygiene" means the rendering of 244
366	366	educational, preventive, and therapeutic dental services 245
367	367	pursuant to ss. 466.023 and 466.024 and any related extra -oral 246
368	368	procedure required in the performance of such services. 247
369	369	(4)(5) "Dental hygienist" means a person licensed to 248
370	370	practice dental hygiene pursuant to this chapter. 249
371	371	(2)(6) "Dental assistant" means a person , other than a 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
383	383
384	384	dental hygienist, who, under the supervision and authorization 251
385	385	of a dentist, provides dental care services directly to a 252
386	386	patient. This term does shall not include a certified registered 253
387	387	nurse anesthetist licensed under part I of chapter 464. 254
388	388	(5) "Dental therapist" means a person licensed to practice 255
389	389	dental therapy pursuant to s. 466.0225. 256
390	390	(6) "Dental therapy" means the rendering of services 257
391	391	pursuant to s. 466.0227 and any related extraoral services or 258
392	392	procedures required in the performanc e of such services. 259
393	393	(9)(7) "Department" means the Department of Health. 260
394	394	(10)(8) "Direct supervision" means supervision whereby a 261
395	395	dentist diagnoses the condition to be treated, a dentist 262
396	396	authorizes the procedure to be performed, a dentist remains on 263
397	397	the premises while the procedures are performed, and a dentist 264
398	398	approves the work performed before dismissal of the patient. 265
399	399	(13)(9) "Indirect supervision" means supervision whereby a 266
400	400	dentist authorizes the procedure and a dentist is on the 267
401	401	premises while the procedures are performed. 268
402	402	(11)(10) "General supervision" means supervision whereby a 269
403	403	dentist authorizes the procedures which are being carried out 270
404	404	but need not be present when the authorized procedures are being 271
405	405	performed. The authorized procedures may also be performed at a 272
406	406	place other than the dentist's usual place of practice. The 273
407	407	issuance of a written work authorization to a commercial dental 274
408	408	laboratory by a dentist does not constitute general supervision. 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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421	421	(14)(11) "Irremediable tasks" are those intraoral 276
422	422	treatment tasks which, when performed, are irreversible and 277
423	423	create unalterable changes within the oral cavity or the 278
424	424	contiguous structures or which cause an increased risk to the 279
425	425	patient. The administration of ane sthetics other than topical 280
426	426	anesthesia is considered to be an "irremediable task" for 281
427	427	purposes of this chapter. 282
428	428	(16)(12) "Remediable tasks" are those intraoral treatment 283
429	429	tasks which are reversible and do not create unalterable changes 284
430	430	within the oral cavity or the contiguous structures and which do 285
431	431	not cause an increased risk to the patient. 286
432	432	(15)(13) "Oral and maxillofac ial surgery" means the 287
433	433	specialty of dentistry involving diagnosis, surgery, and 288
434	434	adjunctive treatment of diseases, injuries, and defects 289
435	435	involving the functional and esthetic aspects of the hard and 290
436	436	soft tissues of the oral and maxillofacial regions. This t erm 291
437	437	may not be construed to apply to any individual exempt under s. 292
438	438	466.002(1). 293
439	439	(12)(14) "Health access setting" means a program or an 294
440	440	institution of the Department of Children and Families, the 295
441	441	Department of Health, the Department of Juvenile Justice, a 296
442	442	nonprofit community health center, a Head Start center, a 297
443	443	federally qualified health center or look -alike as defined by 298
444	444	federal law, a school -based prevention program, a clinic 299
445	445	operated by an accredited college of dentistry, or an accredited 300
446	446
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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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456	456
457	457
458	458	dental hygiene program in this state if such community service 301
459	459	program or institution immediately reports to the Board of 302
460	460	Dentistry all violations of s. 466.027, s. 466.028, or other 303
461	461	practice act or standard of care violations related to the 304
462	462	actions or inactions of a d entist, dental hygienist, or dental 305
463	463	assistant engaged in the delivery of dental care in such 306
464	464	setting. 307
465	465	(17)(15) "School-based prevention program" means 308
466	466	preventive oral health services offered at a school by one of 309
467	467	the entities described defined in subsection (12) (14) or by a 310
468	468	nonprofit organization that is exempt from federal income 311
469	469	taxation under s. 501(a) of the Internal Revenue Code, and 312
470	470	described in s. 501(c)(3) of the Internal Revenue Code. 313
471	471	Section 5. Subsection (2) of section 466.004, Florida 314
472	472	Statutes, is amended to read: 315
473	473	466.004 Board of Dentistry. — 316
474	474	(2) To advise the board, it is the intent of the 317
475	475	Legislature that councils be appointed as specified in 318
476	476	paragraphs (a)-(d) (a), (b), and (c). The department shall 319
477	477	provide administrative support to the councils and shall provide 320
478	478	public notice of meetings and agendas agenda of the councils. 321
479	479	Councils must shall include at least one board member , who shall 322
480	480	serve as chair, the council and must shall include nonboard 323
481	481	members. All council members shall be appointed by the board 324
482	482	chair. Council members shall be appointed for 4 -year terms, and 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	all members are shall be eligible for reimbursement of expenses 326
496	496	in the manner of board members. 327
497	497	(a) A Council on Dental Hygiene shall be appointed by the 328
498	498	board chair and shall include one dental hygienist member of the 329
499	499	board, who shall chair the council, one dental member of the 330
500	500	board, and three dental hygienists who are actively engaged in 331
501	501	the practice of dental hygiene in this state. In making the 332
502	502	appointments, the chair shall consider recommendations from the 333
503	503	Florida Dental Hygiene Association. The council shall meet at 334
504	504	the request of the board chair, a majority of the members of the 335
505	505	board, or the council chair; however, the council must meet at 336
506	506	least three times a y ear. The council is charged with the 337
507	507	responsibility of and shall meet for the purpose of developing 338
508	508	rules and policies for recommendation to the board, which the 339
509	509	board shall consider, on matters pertaining to that part of 340
510	510	dentistry consisting of educationa l, preventive, or therapeutic 341
511	511	dental hygiene services; dental hygiene licensure, discipline, 342
512	512	or regulation; and dental hygiene education. Rule and policy 343
513	513	recommendations of the council must shall be considered by the 344
514	514	board at its next regularly scheduled m eeting in the same manner 345
515	515	in which it considers rule and policy recommendations from 346
516	516	designated subcommittees of the board. Any rule or policy 347
517	517	proposed by the board pertaining to the specified part of 348
518	518	dentistry identified defined by this subsection must shall be 349
519	519	referred to the council for a recommendation before final action 350
520	520
521	521	HB 1173 2024
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb1173-00
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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
529	529
530	530
531	531
532	532	by the board. The board may take final action on rules 351
533	533	pertaining to the specified part of dentistry identified defined 352
534	534	by this subsection without a council recommendation if the 353
535	535	council fails to submit a recommendation in a timely fashion as 354
536	536	prescribed by the board. 355
537	537	(b) A Council on Dental Assisting shall be appointed by 356
538	538	the board chair and shall include one board member who shall 357
539	539	chair the council and three dental assistants who are actively 358
540	540	engaged in dental assisting in this state. The council shall 359
541	541	meet at the request of the board chair or a majority of the 360
542	542	members of the board. The council shall meet for the purpose of 361
543	543	developing recommendations to the board on matters pertaining to 362
544	544	that part of dentistry related to dental assisting. 363
545	545	(c) Effective 28 months after the first dental therapy 364
546	546	license is granted by the board, the board chair shall appoint a 365
547	547	Council on Dental Therapy, which must include one board member 366
548	548	who shall chair the council and three dental therapists who are 367
549	549	actively engaged in the practice of dental therapy in this 368
550	550	state. The council shall meet at the request of the board chair, 369
551	551	a majority of the members of the board, or the council chair; 370
552	552	however, the council shall meet at least three times per year. 371
553	553	The council is charged with the responsibility of, and shall 372
554	554	meet for the purpose of, developing rules and policies for 373
555	555	recommendation to the board on matters pertaining to that part 374
556	556	of dentistry consisting of educ ational, preventive, or 375
557	557
558	558	HB 1173 2024
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb1173-00
564	564	Page 16 of 42
565	565	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
566	566
567	567
568	568
569	569	therapeutic dental therapy services; dental therapy licensure, 376
570	570	discipline, or regulation; and dental therapy education. Rule 377
571	571	and policy recommendations of the council must be considered by 378
572	572	the board at its next regularly scheduled m eeting in the same 379
573	573	manner in which it considers rule and policy recommendations 380
574	574	from designated subcommittees of the board. Any rule or policy 381
575	575	proposed by the board pertaining to the specified part of 382
576	576	dentistry identified by this subsection must be referre d to the 383
577	577	council for a recommendation before final action by the board. 384
578	578	The board may take final action on rules pertaining to the 385
579	579	specified part of dentistry identified by this subsection 386
580	580	without a council recommendation if the council fails to submit 387
581	581	a recommendation in a timely fashion as prescribed by the board. 388
582	582	(d) With the concurrence of the State Surgeon General, the 389
583	583	board chair may create and abolish other advisory councils 390
584	584	relating to dental subjects, including, but not limited to: 391
585	585	examinations, access to dental care, indigent care, nursing home 392
586	586	and institutional care, public health, disciplinary guidelines, 393
587	587	and other subjects as appropriate. Such councils shall be 394
588	588	appointed by the board chair and shall include at least one 395
589	589	board member who shall serve as chair. 396
590	590	Section 6. Paragraph (b) of subsection (4) and paragraph 397
591	591	(b) of subsection (6) of section 466.006, Florida Statutes, are 398
592	592	amended to read: 399
593	593	466.006 Examination of dentists. — 400
594	594
595	595	HB 1173 2024
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb1173-00
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602	602	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
603	603
604	604
605	605
606	606	(4) Notwithstanding any other provision of law in chapter 401
607	607	456 pertaining to the clinical dental licensure examination or 402
608	608	national examinations, to be licensed as a dentist in this 403
609	609	state, an applicant must successfully complete both of the 404
610	610	following: 405
611	611	(b) A practical or clinical examination, which must be the 406
612	612	American Dental Licensing Examination produced by the American 407
613	613	Board of Dental Examiners, Inc., or its successor entity, if 408
614	614	any, that is administered in this state, provided that the board 409
615	615	has attained, and continues to maintain thereafter, 410
616	616	representation on th e board of directors of the American Board 411
617	617	of Dental Examiners, the examination development committee of 412
618	618	the American Board of Dental Examiners, and such other 413
619	619	committees of the American Board of Dental Examiners as the 414
620	620	board deems appropriate by rule to a ssure that the standards 415
621	621	established herein are maintained organizationally. A passing 416
622	622	score on the American Dental Licensing Examination administered 417
623	623	in this state is valid for 365 days after the date the official 418
624	624	examination results are published. 419
625	625	1. As an alternative to such practical or clinical 420
626	626	examination, an applicant may submit scores from an American 421
627	627	Dental Licensing Examination previously administered in a 422
628	628	jurisdiction other than this state after October 1, 2011, and 423
629	629	such examination results must shall be recognized as valid for 424
630	630	the purpose of licensure in this state. A passing score on the 425
631	631
632	632	HB 1173 2024
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb1173-00
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639	639	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
640	640
641	641
642	642
643	643	American Dental Licensing Examination administered out of state 426
644	644	is shall be the same as the passing score for the American 427
645	645	Dental Licensing Examination admini stered in this state. The 428
646	646	examination results are valid for 365 days after the date the 429
647	647	official examination results are published. The applicant must 430
648	648	have completed the examination after October 1, 2011. This 431
649	649	subparagraph may not be given retroactive appl ication. 432
650	650	2. If the date of an applicant's passing American Dental 433
651	651	Licensing Examination scores from an examination previously 434
652	652	administered in a jurisdiction other than this state under 435
653	653	subparagraph 1. is older than 365 days, such scores are 436
654	654	nevertheless valid for the purpose of licensure in this state, 437
655	655	but only if the applicant demonstrates that all of the following 438
656	656	additional standards have been met: 439
657	657	a. The applicant completed the American Dental Licensing 440
658	658	Examination after October 1, 2011. This sub -subparagraph may not 441
659	659	be given retroactive application; 442
660	660	b. The applicant graduated from a dental school accredited 443
661	661	by the American Dental Association Commission on Dental 444
662	662	Accreditation or its successor entity, if any, or any other 445
663	663	dental accrediting organiz ation recognized by the United States 446
664	664	Department of Education. Provided, however, if the applicant did 447
665	665	not graduate from such a dental school, the applicant may submit 448
666	666	proof of having successfully completed a full -time supplemental 449
667	667	general dentistry progra m accredited by the American Dental 450
668	668
669	669	HB 1173 2024
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb1173-00
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676	676	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
677	677
678	678
679	679
680	680	Association Commission on Dental Accreditation of at least 2 451
681	681	consecutive academic years at such accredited sponsoring 452
682	682	institution. Such program must provide didactic and clinical 453
683	683	education at the level of a D.D.S. or D.M .D. program accredited 454
684	684	by the American Dental Association Commission on Dental 455
685	685	Accreditation. For purposes of this sub -subparagraph, a 456
686	686	supplemental general dentistry program does not include an 457
687	687	advanced education program in a dental specialty; 458
688	688	c. The applicant currently possesses a valid and active 459
689	689	dental license in good standing, with no restriction, which has 460
690	690	never been revoked, suspended, restricted, or otherwise 461
691	691	disciplined, from another state or territory of the United 462
692	692	States, the District of Columbi a, or the Commonwealth of Puerto 463
693	693	Rico; 464
694	694	d. The applicant submits proof that he or she has never 465
695	695	been reported to the National Practitioner Data Bank, the 466
696	696	Healthcare Integrity and Protection Data Bank, or the American 467
697	697	Association of Dental Boards Clearingh ouse. This sub-468
698	698	subparagraph does not apply if the applicant successfully 469
699	699	appealed to have his or her name removed from the data banks of 470
700	700	these agencies; 471
701	701	e.(I)(A) The applicant submits proof of having been 472
702	702	consecutively engaged in the full -time practice of dentistry in 473
703	703	another state or territory of the United States, the District of 474
704	704	Columbia, or the Commonwealth of Puerto Rico in the 5 years 475
705	705
706	706	HB 1173 2024
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb1173-00
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713	713	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
714	714
715	715
716	716
717	717	immediately preceding the date of application for licensure in 476
718	718	this state; or 477
719	719	(B) If the applicant has been licens ed in another state or 478
720	720	territory of the United States, the District of Columbia, or the 479
721	721	Commonwealth of Puerto Rico for less than 5 years, the applicant 480
722	722	submits proof of having been engaged in the full -time practice 481
723	723	of dentistry since the date of his or he r initial licensure. 482
724	724	(II) As used in this section, "full -time practice" is 483
725	725	defined as a minimum of 1,200 hours per year for each and every 484
726	726	year in the consecutive 5 -year period or, when applicable, the 485
727	727	period since initial licensure, and must include any combination 486
728	728	of the following: 487
729	729	(A) Active clinical practice of dentistry providing direct 488
730	730	patient care. 489
731	731	(B) Full-time practice as a faculty member employed by a 490
732	732	dental, dental therapy, or dental hygiene school approved by the 491
733	733	board or accredited by the American Dental Association 492
734	734	Commission on Dental Accreditation. 493
735	735	(C) Full-time practice as a student at a postgraduate 494
736	736	dental education program approved by the board or accredited by 495
737	737	the American Dental Association Commission on Dental 496
738	738	Accreditation. 497
739	739	(III) The board shall develop rules to determine what type 498
740	740	of proof of full-time practice is required and to recoup the 499
741	741	cost to the board of verifying full -time practice under this 500
742	742
743	743	HB 1173 2024
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb1173-00
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750	750	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
751	751
752	752
753	753
754	754	section. Such proof must, at a minimum, be: 501
755	755	(A) Admissible as evidence in an administrative 502
756	756	proceeding; 503
757	757	(B) Submitted in writing; 504
758	758	(C) Submitted by the applicant under oath with penalties 505
759	759	of perjury attached; 506
760	760	(D) Further documented by an affidavit of someone 507
761	761	unrelated to the applicant who is familiar with the applicant's 508
762	762	practice and testifies with particularity that the applicant has 509
763	763	been engaged in full -time practice; and 510
764	764	(E) Specifically found by the board to be both credible 511
765	765	and admissible. 512
766	766	(IV) An affidavit of only the applicant is not acceptable 513
767	767	proof of full-time practice unless it is further attested to by 514
768	768	someone unrelated to the applicant who has personal knowledge of 515
769	769	the applicant's practice. If the board deems it necessary to 516
770	770	assess credibility or accuracy, the board may require the 517
771	771	applicant or the applican t's witnesses to appear before the 518
772	772	board and give oral testimony under oath; 519
773	773	f. The applicant submits documentation that he or she has 520
774	774	completed, or will complete before he or she is licensed in this 521
775	775	state, continuing education equivalent to this state's 522
776	776	requirements for the last full reporting biennium; 523
777	777	g. The applicant proves that he or she has never been 524
778	778	convicted of, or pled nolo contendere to, regardless of 525
779	779
780	780	HB 1173 2024
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb1173-00
786	786	Page 22 of 42
787	787	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
788	788
789	789
790	790
791	791	adjudication, any felony or misdemeanor related to the practice 526
792	792	of a health care profession in any jurisdiction; 527
793	793	h. The applicant has successfully passed a written 528
794	794	examination on the laws and rules of this state regulating the 529
795	795	practice of dentistry and the computer -based diagnostic skills 530
796	796	examination; and 531
797	797	i. The applicant submits documentatio n that he or she has 532
798	798	successfully completed the applicable examination administered 533
799	799	by the Joint Commission on National Dental Examinations or its 534
800	800	successor organization. 535
801	801	(6) 536
802	802	(b)1. As used in this section, "full -time practice of 537
803	803	dentistry within the geo graphic boundaries of this state within 538
804	804	1 year" is defined as a minimum of 1,200 hours in the initial 539
805	805	year of licensure, which must include any combination of the 540
806	806	following: 541
807	807	a. Active clinical practice of dentistry providing direct 542
808	808	patient care within th e geographic boundaries of this state. 543
809	809	b. Full-time practice as a faculty member employed by a 544
810	810	dental, dental therapy, or dental hygiene school approved by the 545
811	811	board or accredited by the American Dental Association 546
812	812	Commission on Dental Accreditation and located within the 547
813	813	geographic boundaries of this state. 548
814	814	c. Full-time practice as a student at a postgraduate 549
815	815	dental education program approved by the board or accredited by 550
816	816
817	817	HB 1173 2024
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
822	822	hb1173-00
823	823	Page 23 of 42
824	824	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
825	825
826	826
827	827
828	828	the American Dental Association Commission on Dental 551
829	829	Accreditation and located wi thin the geographic boundaries of 552
830	830	this state. 553
831	831	2. The board shall develop rules to determine what type of 554
832	832	proof of full-time practice of dentistry within the geographic 555
833	833	boundaries of this state for 1 year is required in order to 556
834	834	maintain active licensure and shall develop rules to recoup the 557
835	835	cost to the board of verifying maintenance of such full -time 558
836	836	practice under this section. Such proof must, at a minimum: 559
837	837	a. Be admissible as evidence in an administrative 560
838	838	proceeding; 561
839	839	b. Be submitted in writing; 562
840	840	c. Be submitted by the applicant under oath with penalties 563
841	841	of perjury attached; 564
842	842	d. Be further documented by an affidavit of someone 565
843	843	unrelated to the applicant who is familiar with the applicant's 566
844	844	practice and testifies with particularity that the applican t has 567
845	845	been engaged in full -time practice of dentistry within the 568
846	846	geographic boundaries of this state within the last 365 days; 569
847	847	and 570
848	848	e. Include such additional proof as specifically found by 571
849	849	the board to be both credible and admissible. 572
850	850	3. An affidavit of only the applicant is not acceptable 573
851	851	proof of full-time practice of dentistry within the geographic 574
852	852	boundaries of this state within 1 year, unless it is further 575
853	853
854	854	HB 1173 2024
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
859	859	hb1173-00
860	860	Page 24 of 42
861	861	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
862	862
863	863
864	864
865	865	attested to by someone unrelated to the applicant who has 576
866	866	personal knowledge of the applicant 's practice within the last 577
867	867	365 days. If the board deems it necessary to assess credibility 578
868	868	or accuracy, the board may require the applicant or the 579
869	869	applicant's witnesses to appear before the board and give oral 580
870	870	testimony under oath. 581
871	871	Section 7. Subsection (1) of section 466.009, Florida 582
872	872	Statutes, is amended, and subsection (4) is added to that 583
873	873	section, to read: 584
874	874	466.009 Reexamination. — 585
875	875	(1) The department shall allow permit any person who fails 586
876	876	an examination that which is required under s. 466 .006, or s. 587
877	877	466.007, or s. 466.0225 to retake the examination. If the 588
878	878	examination to be retaken is a practical or clinical 589
879	879	examination, the applicant must shall pay a reexamination fee 590
880	880	set by rule of the board in an amount not to exceed the original 591
881	881	examination fee. 592
882	882	(4) If an applicant for a license to practice dental 593
883	883	therapy fails the practical or clinical examination and she or 594
884	884	he has failed only one part or procedure of such examination, 595
885	885	she or he may be required to retake only that part or procedure 596
886	886	to pass such examination. However, if any such applicant fails 597
887	887	more than one part or procedure of any such examination, she or 598
888	888	he must be required to retake the entire examination. 599
889	889	Section 8. Section 466.011, Florida Statutes, is amended 600
890	890
891	891	HB 1173 2024
892	892
893	893
894	894
895	895	CODING: Words stricken are deletions; words underlined are additions.
896	896	hb1173-00
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898	898	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
899	899
900	900
901	901
902	902	to read: 601
903	903	466.011 Licensure.—The board shall certify for licensure 602
904	904	by the department any applicant who satisfies the requirements 603
905	905	of s. 466.006, s. 466.0067, or s. 466.007, or s. 466.0225. The 604
906	906	board may refuse to certify an applicant who has violated any of 605
907	907	the provisions of s. 466.026 or s. 466.028. 606
908	908	Section 9. Section 466.0136, Florida Statutes, is created 607
909	909	to read: 608
910	910	466.0136 Continuing education; dental therapists. —In 609
911	911	addition to any other requirements for relicensure for dental 610
912	912	therapists specified in this chapter , the board shall require 611
913	913	each licensed dental therapist to complete at least 24 hours, 612
914	914	but not more than 36 hours, biennially of continuing education 613
915	915	in dental subjects in programs approved by the board or in 614
916	916	equivalent programs of continuing education. P rograms of 615
917	917	continuing education approved by the board must be programs of 616
918	918	learning which, in the opinion of the board, contribute directly 617
919	919	to the dental education of the dental therapist. An individual 618
920	920	who is licensed as both a dental therapist and a denta l 619
921	921	hygienist may use 2 hours of continuing education that is 620
922	922	approved for both dental therapy and dental hygiene education to 621
923	923	satisfy both dental therapy and dental hygiene continuing 622
924	924	education requirements. The board shall adopt rules and 623
925	925	guidelines to administer and enforce this section. The dental 624
926	926	therapist shall retain in her or his records any receipts, 625
927	927
928	928	HB 1173 2024
929	929
930	930
931	931
932	932	CODING: Words stricken are deletions; words underlined are additions.
933	933	hb1173-00
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935	935	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
936	936
937	937
938	938
939	939	vouchers, or certificates necessary to document completion of 626
940	940	the continuing education. Compliance with the continuing 627
941	941	education requirements is mandato ry for issuance of the renewal 628
942	942	certificate. The board may excuse licensees, as a group or as 629
943	943	individuals, from all or part of the continuing education 630
944	944	requirements if an unusual circumstance, emergency, or hardship 631
945	945	prevented compliance with this section. 632
946	946	Section 10. Section 466.016, Florida Statutes, is amended 633
947	947	to read: 634
948	948	466.016 License to be displayed. —Every practitioner of 635
949	949	dentistry, dental therapy, or dental hygiene within the meaning 636
950	950	of this chapter shall post and keep conspicuously displayed her 637
951	951	or his license in the office where wherein she or he practices, 638
952	952	in plain sight of the practitioner's patients. Any dentist , 639
953	953	dental therapist, or dental hygienist who practices at more than 640
954	954	one location shall be required to display a copy of her or his 641
955	955	license in each office where she or he practices. 642
956	956	Section 11. Present subsections (7) through (15) of 643
957	957	section 466.017, Florida Statutes, are redesignated as 644
958	958	subsections (8) through (16), respectively, a new subsection (7) 645
959	959	is added to that section, and paragraphs (d) and (e) of 646
960	960	subsection (3), subsection (4), and present subsections (7), 647
961	961	(8), and (14) of that section are amended, to read: 648
962	962	466.017 Prescription of drugs; anesthesia. — 649
963	963	(3) The board shall adopt rules which: 650
964	964
965	965	HB 1173 2024
966	966
967	967
968	968
969	969	CODING: Words stricken are deletions; words underlined are additions.
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972	972	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
973	973
974	974
975	975
976	976	(d) Establish further requirements relating to the use of 651
977	977	general anesthesia or sedation, including, but not limited to, 652
978	978	office equipment and the training of dental assistants , dental 653
979	979	therapists, or dental hygienists who work with dentists using 654
980	980	general anesthesia or sedation. 655
981	981	(e) Establish an administrative mechanism enabling the 656
982	982	board to verify compliance with training, education, experience, 657
983	983	equipment, or certification requirements o f dentists, dental 658
984	984	therapists, dental hygienists, and dental assistants adopted 659
985	985	pursuant to this subsection. The board may charge a fee to 660
986	986	defray the cost of verifying compliance with requirements 661
987	987	adopted pursuant to this paragraph. 662
988	988	(4) A dentist, dental therapist, or dental hygienist who 663
989	989	administers or employs the use of any form of anesthesia must 664
990	990	possess a certification in either basic cardiopulmonary 665
991	991	resuscitation for health professionals or advanced cardiac life 666
992	992	support approved by the American Heart Association or the 667
993	993	American Red Cross or an equivalent agency -sponsored course with 668
994	994	recertification every 2 years. Each dental office that which 669
995	995	uses any form of anesthesia must have immediately available and 670
996	996	in good working order such resuscitative equip ment, oxygen, and 671
997	997	other resuscitative drugs as are specified by rule of the board 672
998	998	in order to manage possible adverse reactions. 673
999	999	(7) A dental therapist, under the general supervision of a 674
1000	1000	dentist, may administer local anesthesia, including intraoral 675
1001	1001
1002	1002	HB 1173 2024
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1004	1004
1005	1005
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1009	1009	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
1010	1010
1011	1011
1012	1012
1013	1013	block anesthesia or soft tissue infiltration anesthesia if she 676
1014	1014	or he has completed the course described in subsection (5) and 677
1015	1015	presents evidence of current certification in basic or advanced 678
1016	1016	cardiac life support. 679
1017	1017	(8)(7) A licensed dentist, or a dental therapi st who is 680
1018	1018	authorized by her or his supervising dentist, may operate 681
1019	1019	utilize an X-ray machine, expose dental X -ray films, and 682
1020	1020	interpret or read such films. Notwithstanding The provisions of 683
1021	1021	part IV of chapter 468 to the contrary notwithstanding , a 684
1022	1022	licensed dentist, or a dental therapist who is authorized by her 685
1023	1023	or his supervising dentist, may authorize or direct a dental 686
1024	1024	assistant to operate such equipment and expose such films under 687
1025	1025	her or his direction and supervision, pursuant to rules adopted 688
1026	1026	by the board in accordance with s. 466.024 which ensure that the 689
1027	1027	said assistant is competent by reason of training and experience 690
1028	1028	to operate the X-ray said equipment in a safe and efficient 691
1029	1029	manner. The board may charge a fee not to exceed $35 to defray 692
1030	1030	the cost of verifying compliance with requirements adopted 693
1031	1031	pursuant to this section. 694
1032	1032	(9)(8) Notwithstanding The provisions of s. 465.0276 695
1033	1033	notwithstanding, a dentist need not register with the board or 696
1034	1034	comply with the continuing education requirements of that 697
1035	1035	section if the dentist confines her or his dispensing activity 698
1036	1036	to the dispensing of fluorides and chlorhexidine chlorohexidine 699
1037	1037	rinse solutions; provid ed that the dentist complies with and is 700
1038	1038
1039	1039	HB 1173 2024
1040	1040
1041	1041
1042	1042
1043	1043	CODING: Words stricken are deletions; words underlined are additions.
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1045	1045	Page 29 of 42
1046	1046	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
1047	1047
1048	1048
1049	1049
1050	1050	subject to all laws and rules applicable to pharmacists and 701
1051	1051	pharmacies, including, but not limited to, chapters 465, 499, 702
1052	1052	and 893, and all applicable federal laws and regulations, when 703
1053	1053	dispensing such products. 704
1054	1054	(15)(14) As used in subsections (10)-(14) (9)-(13), the 705
1055	1055	term "adverse incident" means any mortality that occurs during 706
1056	1056	or as the result of a dental procedure, or an incident that 707
1057	1057	results in a temporary or permanent physical or mental injury 708
1058	1058	that requires hospitalization or emergency room treatment of a 709
1059	1059	dental patient which occurs during or as a direct result of the 710
1060	1060	use of general anesthesia, deep sedation, moderate sedation, 711
1061	1061	pediatric moderate sedation, oral sedation, minimal sedation 712
1062	1062	(anxiolysis), nitrous ox ide, or local anesthesia. 713
1063	1063	Section 12. Subsection (1) of section 466.018, Florida 714
1064	1064	Statutes, is amended to read: 715
1065	1065	466.018 Dentist of record; patient records. — 716
1066	1066	(1) Each patient must shall have a dentist of record. The 717
1067	1067	dentist of record shall remain pri marily responsible for all 718
1068	1068	dental treatment on such patient regardless of whether the 719
1069	1069	treatment is rendered by that the dentist or by another dentist, 720
1070	1070	a dental therapist, a dental hygienist, or a dental assistant 721
1071	1071	rendering such treatment in conjunction wit h, at the direction 722
1072	1072	or request of, or under the supervision of such dentist of 723
1073	1073	record. The dentist of record must shall be identified in the 724
1074	1074	record of the patient. If treatment is rendered by a dentist 725
1075	1075
1076	1076	HB 1173 2024
1077	1077
1078	1078
1079	1079
1080	1080	CODING: Words stricken are deletions; words underlined are additions.
1081	1081	hb1173-00
1082	1082	Page 30 of 42
1083	1083	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
1084	1084
1085	1085
1086	1086
1087	1087	other than the dentist of record or by a dental hygien ist, 726
1088	1088	dental therapist, or dental assistant, the name or initials of 727
1089	1089	such person must shall be placed in the record of the patient. 728
1090	1090	In any disciplinary proceeding brought pursuant to this chapter 729
1091	1091	or chapter 456, it must shall be presumed as a matter of law 730
1092	1092	that treatment was rendered by the dentist of record unless 731
1093	1093	otherwise noted on the patient record pursuant to this section. 732
1094	1094	The dentist of record and any other treating dentist are subject 733
1095	1095	to discipline pursuant to this chapter or chapter 456 for 734
1096	1096	treatment rendered to the patient and performed in violation of 735
1097	1097	such chapter. One of the purposes of this section is to ensure 736
1098	1098	that the responsibility for each patient is assigned to one 737
1099	1099	dentist in a multidentist practice of any nature and to assign 738
1100	1100	primary responsibility to the dentist for treatment rendered by 739
1101	1101	a dental hygienist, dental therapist, or dental assistant under 740
1102	1102	her or his supervision. This section may shall not be construed 741
1103	1103	to assign any responsibility to a dentist of record for 742
1104	1104	treatment rendered purs uant to a proper referral to another 743
1105	1105	dentist who does not in practice with the dentist of record or 744
1106	1106	to prohibit a patient from voluntarily selecting a new dentist 745
1107	1107	without permission of the dentist of record. 746
1108	1108	Section 13. Section 466.0225, Florida Statut es, is created 747
1109	1109	to read: 748
1110	1110	466.0225 Examination of dental therapists; licensing. — 749
1111	1111	(1) Any person desiring to be licensed as a dental 750
1112	1112
1113	1113	HB 1173 2024
1114	1114
1115	1115
1116	1116
1117	1117	CODING: Words stricken are deletions; words underlined are additions.
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1120	1120	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
1121	1121
1122	1122
1123	1123
1124	1124	therapist must apply to the department to take the licensure 751
1125	1125	examinations and shall verify the information required on the 752
1126	1126	application by oath. The application must include two recent 753
1127	1127	photographs of the applicant. 754
1128	1128	(2) An applicant is entitled to take the examinations 755
1129	1129	required under this section and receive licensure to practice 756
1130	1130	dental therapy in this state if the applicant meets all of the 757
1131	1131	following criteria: 758
1132	1132	(a) Is 18 years of age or older. 759
1133	1133	(b) Is a graduate of a dental therapy college or school 760
1134	1134	accredited by the American Dental Association Commission on 761
1135	1135	Dental Accreditation or its successor entity, if any, or any 762
1136	1136	other dental therapy accrediting entity recognized by the United 763
1137	1137	States Department of Education. For applicants applying for a 764
1138	1138	dental therapy license before January 1, 2029, the board must 765
1139	1139	approve the applicant's dental therapy education program if the 766
1140	1140	program was administered by a college or school that operates an 767
1141	1141	accredited dental or dental hygiene program and the college or 768
1142	1142	school certifies to the board that the applicant's education 769
1143	1143	substantially conformed to the education standards established 770
1144	1144	by the American Dental Association Commission on Dental 771
1145	1145	Accreditation or its successor entity. 772
1146	1146	(c) Has successfully completed a dental therapy practical 773
1147	1147	or clinical examination produced by the American Board of Dental 774
1148	1148	Examiners, Inc., (ADEX) or its successor entity, if any, if the 775
1149	1149
1150	1150	HB 1173 2024
1151	1151
1152	1152
1153	1153
1154	1154	CODING: Words stricken are deletions; words underlined are additions.
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1157	1157	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
1158	1158
1159	1159
1160	1160
1161	1161	board finds that the successor entity's examination meets or 776
1162	1162	exceeds the requirements of this section. If an applicant fails 777
1163	1163	to pass such an examination after three attempts, the applicant 778
1164	1164	is not eligible to retake the examination unless th e applicant 779
1165	1165	completes additional education requirements as specified by the 780
1166	1166	board. If a dental therapy examination has not been established 781
1167	1167	by ADEX, the board must administer or approve an alternative 782
1168	1168	examination. 783
1169	1169	(d) Has not been disciplined by a board, except for 784
1170	1170	citation offenses or minor violations. 785
1171	1171	(e) Has not been convicted of or pled nolo contendere to, 786
1172	1172	regardless of adjudication, any felony or misdemeanor related to 787
1173	1173	the practice of a health care profession. 788
1174	1174	(f) Has successfully completed a wri tten examination on 789
1175	1175	the laws and rules of this state regulating the practice of 790
1176	1176	dental therapy. 791
1177	1177	(3) An applicant who meets the requirements of this 792
1178	1178	section and who has successfully completed an examination 793
1179	1179	identified in paragraph (2)(c) in a jurisdiction other than this 794
1180	1180	state, or who has successfully completed a comparable 795
1181	1181	examination administered or approved by the licensing authority 796
1182	1182	in a jurisdiction other than this state, must be licensed to 797
1183	1183	practice dental therapy in this state if the board determine s 798
1184	1184	that the other jurisdiction's examination is substantially 799
1185	1185	similar to those identified in paragraph (2)(c). 800
1186	1186
1187	1187	HB 1173 2024
1188	1188
1189	1189
1190	1190
1191	1191	CODING: Words stricken are deletions; words underlined are additions.
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1193	1193	Page 33 of 42
1194	1194	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
1195	1195
1196	1196
1197	1197
1198	1198	Section 14. Section 466.0227, Florida Statutes, is created 801
1199	1199	to read: 802
1200	1200	466.0227 Dental therapists; scope and area of practice. — 803
1201	1201	(1) Except as otherwise provided in this chapter, a dental 804
1202	1202	therapist may perform the dental therapy services specified in 805
1203	1203	subsection (2) under the general supervision of a dentist to the 806
1204	1204	extent authorized by the supervising dentist and provided within 807
1205	1205	the terms of a written collaborative management agreement signed 808
1206	1206	by the dental therapist and the supervising dentist which meets 809
1207	1207	the requirements of subsection (3). 810
1208	1208	(2) Dental therapy services include all of the following: 811
1209	1209	(a) All services, treatments, and competencies identified 812
1210	1210	by the American Dental Association Commission on Dental 813
1211	1211	Accreditation in the commission's Accreditation Standards for 814
1212	1212	Dental Therapy Education Programs. 815
1213	1213	(b) The following state -specific services, if the dental 816
1214	1214	therapist's education included c urriculum content satisfying the 817
1215	1215	American Dental Association Commission on Dental Accreditation 818
1216	1216	criteria for state-specific dental therapy services: 819
1217	1217	1. Evaluating radiographs. 820
1218	1218	2. Placement of space maintainers. 821
1219	1219	3. Pulpotomies on primary teeth. 822
1220	1220	4. Dispensing and administering nonopioid analgesics, 823
1221	1221	including nitrous oxide, anti -inflammatories, and antibiotics, 824
1222	1222	as authorized by the supervising dentist and within the 825
1223	1223
1224	1224	HB 1173 2024
1225	1225
1226	1226
1227	1227
1228	1228	CODING: Words stricken are deletions; words underlined are additions.
1229	1229	hb1173-00
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1231	1231	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
1232	1232
1233	1233
1234	1234
1235	1235	parameters of the collaborative management agreement. 826
1236	1236	5. Oral evaluation and assessme nt of dental disease and 827
1237	1237	formulation of an individualized treatment plan if authorized by 828
1238	1238	the supervising dentist and subject to any conditions, 829
1239	1239	limitations, and protocols specified by the supervising dentist 830
1240	1240	in the collaborative management agreement. 831
1241	1241	(3) Before performing any of the services authorized in 832
1242	1242	subsection (2), a dental therapist must enter into a written 833
1243	1243	collaborative management agreement with a supervising dentist. 834
1244	1244	The agreement must be signed by the dental therapist and the 835
1245	1245	supervising dentist and must include all of the following 836
1246	1246	information: 837
1247	1247	(a) Practice settings where services may be provided by 838
1248	1248	the dental therapist and the populations to be served by the 839
1249	1249	dental therapist. 840
1250	1250	(b) Any limitations on the services that may be provided 841
1251	1251	by the dental therapist, including the level of supervision 842
1252	1252	required by the supervising dentist. This may include 843
1253	1253	telehealth. 844
1254	1254	(c) Age-specific and procedure -specific practice protocols 845
1255	1255	for the dental therapist, including case selection criteria, 846
1256	1256	assessment guidelines, and imaging frequency. 847
1257	1257	(d) A procedure for creating and maintaining dental 848
1258	1258	records for the patients who are treated by the dental 849
1259	1259	therapist. 850
1260	1260
1261	1261	HB 1173 2024
1262	1262
1263	1263
1264	1264
1265	1265	CODING: Words stricken are deletions; words underlined are additions.
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1268	1268	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
1269	1269
1270	1270
1271	1271
1272	1272	(e) A plan to manage medical emergencies in each practice 851
1273	1273	setting where the dental therapist provides care. 852
1274	1274	(f) A quality assurance plan for monitoring care provided 853
1275	1275	by the dental therapist, including patient care review, referral 854
1276	1276	follow-up, and a quality assurance chart review. 855
1277	1277	(g) Protocols for the dental therapist to administer and 856
1278	1278	dispense medications, including the specific conditions and 857
1279	1279	circumstances under which the medications are to be dispensed 858
1280	1280	and administered. 859
1281	1281	(h) Criteria relating to the provision of care by the 860
1282	1282	dental therapist to patients with specific medical conditions or 861
1283	1283	complex medication histories, including requirements for 862
1284	1284	consultation before the initiation of care. 863
1285	1285	(i) Supervision criteria of dental therapists. 864
1286	1286	(j) A plan for the provision of clinical resources and 865
1287	1287	referrals in situations that are beyond the capabilities of t he 866
1288	1288	dental therapist. 867
1289	1289	(4) A supervising dentist shall determine the number of 868
1290	1290	hours of practice that a dental therapist must complete under 869
1291	1291	direct or indirect supervision of the supervising dentist before 870
1292	1292	the dental therapist may perform any of the servic es authorized 871
1293	1293	in subsection (2) under general supervision. 872
1294	1294	(5) A supervising dentist may restrict or limit the dental 873
1295	1295	therapist's practice in the written collaborative management 874
1296	1296	agreement to be less than the full scope of practice for dental 875
1297	1297
1298	1298	HB 1173 2024
1299	1299
1300	1300
1301	1301
1302	1302	CODING: Words stricken are deletions; words underlined are additions.
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1305	1305	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
1306	1306
1307	1307
1308	1308
1309	1309	therapists which is authorized in subsection (2). 876
1310	1310	(6) A supervising dentist may authorize a dental therapist 877
1311	1311	to provide dental therapy services to a patient before the 878
1312	1312	supervising dentist examines or diagnoses the patient if the 879
1313	1313	authority, conditions, and protocols are established in a 880
1314	1314	written collaborative management agreement and if the patient is 881
1315	1315	subsequently referred to a dentist for any needed additional 882
1316	1316	services that exceed the dental therapist's scope of practice or 883
1317	1317	authorization under the collaborative manag ement agreement. 884
1318	1318	(7) A supervising dentist must be licensed and practicing 885
1319	1319	in this state. The supervising dentist is responsible for all 886
1320	1320	services authorized and performed by the dental therapist 887
1321	1321	pursuant to the collaborative management agreement and for 888
1322	1322	providing or arranging follow -up services to be provided by a 889
1323	1323	dentist for any additional services that exceed the dental 890
1324	1324	therapist's scope of practice or authorization under the 891
1325	1325	collaborative management agreement. 892
1326	1326	Section 15. Section 466.026, Florida S tatutes, is amended 893
1327	1327	to read: 894
1328	1328	466.026 Prohibitions; penalties. — 895
1329	1329	(1) Each of the following acts constitutes a felony of the 896
1330	1330	third degree, punishable as provided in s. 775.082, s. 775.083, 897
1331	1331	or s. 775.084: 898
1332	1332	(a) Practicing dentistry , dental therapy, or dental 899
1333	1333	hygiene unless the person has an appropriate, active license 900
1334	1334
1335	1335	HB 1173 2024
1336	1336
1337	1337
1338	1338
1339	1339	CODING: Words stricken are deletions; words underlined are additions.
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1342	1342	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
1343	1343
1344	1344
1345	1345
1346	1346	issued by the department pursuant to this chapter. 901
1347	1347	(b) Using or attempting to use a license issued pursuant 902
1348	1348	to this chapter which license has been suspended or revoked. 903
1349	1349	(c) Knowingly emplo ying any person to perform duties 904
1350	1350	outside the scope allowed such person under this chapter or the 905
1351	1351	rules of the board. 906
1352	1352	(d) Giving false or forged evidence to the department or 907
1353	1353	board for the purpose of obtaining a license. 908
1354	1354	(e) Selling or offering to sell a diploma conferring a 909
1355	1355	degree from a dental college , or dental hygiene school or 910
1356	1356	college, or dental therapy school or college, or a license 911
1357	1357	issued pursuant to this chapter, or procuring such diploma or 912
1358	1358	license with intent that it will shall be used as evidence of 913
1359	1359	that which the document stands for, by a person other than the 914
1360	1360	one upon whom it was conferred or to whom it was granted. 915
1361	1361	(2) Each of the following acts constitutes a misdemeanor 916
1362	1362	of the first degree, punishable as provided in s. 775.082 or s. 917
1363	1363	775.083: 918
1364	1364	(a) Using the name or title "dentist," the letters 919
1365	1365	"D.D.S." or "D.M.D.", or any other words, letters, title, or 920
1366	1366	descriptive matter which in any way represents a person as being 921
1367	1367	able to diagnose, treat, prescribe, or operate for any disease, 922
1368	1368	pain, deformity, deficiency, injury, or physical condition of 923
1369	1369	the teeth or jaws or oral -maxillofacial region unless the person 924
1370	1370	has an active dentist's license issued by the department 925
1371	1371
1372	1372	HB 1173 2024
1373	1373
1374	1374
1375	1375
1376	1376	CODING: Words stricken are deletions; words underlined are additions.
1377	1377	hb1173-00
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1379	1379	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
1380	1380
1381	1381
1382	1382
1383	1383	pursuant to this chapter. 926
1384	1384	(b) Using the name "dental hygienist" or the initia ls 927
1385	1385	"R.D.H." or otherwise holding herself or himself out as an 928
1386	1386	actively licensed dental hygienist or implying to any patient or 929
1387	1387	consumer that she or he is an actively licensed dental hygienist 930
1388	1388	unless that person has an active dental hygienist's license 931
1389	1389	issued by the department pursuant to this chapter. 932
1390	1390	(c) Using the name "dental therapist" or the initials 933
1391	1391	"D.T." or otherwise holding herself or himself out as an 934
1392	1392	actively licensed dental therapist or implying to any patient or 935
1393	1393	consumer that she or he is an a ctively licensed dental therapist 936
1394	1394	unless that person has an active dental therapist's license 937
1395	1395	issued by the department pursuant to this chapter. 938
1396	1396	(d) Presenting as her or his own the license of another. 939
1397	1397	(e)(d) Knowingly concealing information relative t o 940
1398	1398	violations of this chapter. 941
1399	1399	(f)(e) Performing any services as a dental assistant as 942
1400	1400	defined herein, except in the office of a licensed dentist, 943
1401	1401	unless authorized by this chapter or by rule of the board. 944
1402	1402	Section 16. Paragraphs (b), (c), (g), (s), an d (t) of 945
1403	1403	subsection (1) of section 466.028, Florida Statutes, are amended 946
1404	1404	to read: 947
1405	1405	466.028 Grounds for disciplinary action; action by the 948
1406	1406	board.— 949
1407	1407	(1) The following acts constitute grounds for denial of a 950
1408	1408
1409	1409	HB 1173 2024
1410	1410
1411	1411
1412	1412
1413	1413	CODING: Words stricken are deletions; words underlined are additions.
1414	1414	hb1173-00
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1416	1416	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
1417	1417
1418	1418
1419	1419
1420	1420	license or disciplinary action, as specified in s. 456.072(2): 951
1421	1421	(b) Having a license to practice dentistry , dental 952
1422	1422	therapy, or dental hygiene revoked, suspended, or otherwise 953
1423	1423	acted against, including the denial of licensure, by the 954
1424	1424	licensing authority of another state, territory, or country. 955
1425	1425	(c) Being convicted or found guilty of or entering a plea 956
1426	1426	of nolo contendere to, regardless of adjudication, a crime in 957
1427	1427	any jurisdiction which relates to the practice of dentistry , 958
1428	1428	dental therapy, or dental hygiene. A plea of nolo contendere 959
1429	1429	creates shall create a rebuttable presumption of guilt to the 960
1430	1430	underlying criminal charges. 961
1431	1431	(g) Aiding, assisting, procuring, or advising any 962
1432	1432	unlicensed person to practice dentistry , dental therapy, or 963
1433	1433	dental hygiene contrary to this chapter or to a rule of the 964
1434	1434	department or the board. 965
1435	1435	(s) Being unable to practice her or his profession with 966
1436	1436	reasonable skill and safety to patients by reason of illness or 967
1437	1437	use of alcohol, drugs, narcotics, chemicals, or any other type 968
1438	1438	of material or as a result of any mental or physical conditio n. 969
1439	1439	In enforcing this paragraph, the department shall have, upon a 970
1440	1440	finding of the State Surgeon General or her or his designee that 971
1441	1441	probable cause exists to believe that the licensee is unable to 972
1442	1442	practice dentistry, dental therapy, or dental hygiene because of 973
1443	1443	the reasons stated in this paragraph, has the authority to issue 974
1444	1444	an order to compel a licensee to submit to a mental or physical 975
1445	1445
1446	1446	HB 1173 2024
1447	1447
1448	1448
1449	1449
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1453	1453	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
1454	1454
1455	1455
1456	1456
1457	1457	examination by physicians designated by the department. If the 976
1458	1458	licensee refuses to comply with such order, the department's 977
1459	1459	order directing such examination may be enforced by filing a 978
1460	1460	petition for enforcement in the circuit court where the licensee 979
1461	1461	resides or does business. The licensee against whom the petition 980
1462	1462	is filed may shall not be named or identified by initials in any 981
1463	1463	public court records or documents, and the proceedings must 982
1464	1464	shall be closed to the public. The department is shall be 983
1465	1465	entitled to the summary procedure provided in s. 51.011. A 984
1466	1466	licensee affected under this paragraph must shall at reasonable 985
1467	1467	intervals be afforded an opportunity to demonstrate that she or 986
1468	1468	he can resume the competent practice of her or his profession 987
1469	1469	with reasonable skill and safety to patients. 988
1470	1470	(t) Fraud, deceit, or misconduct in the practice of 989
1471	1471	dentistry, dental therapy, or dental hygiene. 990
1472	1472	Section 17. Paragraphs (a) and (b) of subsection (1) of 991
1473	1473	section 466.0285, Florida Statutes, are amended to read: 992
1474	1474	466.0285 Proprietorship by nondentists. — 993
1475	1475	(1) No person other than a dentist licensed pursuant to 994
1476	1476	this chapter, nor any entity other than a professional 995
1477	1477	corporation or limited liability company composed of dentists, 996
1478	1478	may: 997
1479	1479	(a) Employ a dentist , a dental therapist, or a dental 998
1480	1480	hygienist in the operation of a dental office. 999
1481	1481	(b) Control the use of any dental e quipment or material 1000
1482	1482
1483	1483	HB 1173 2024
1484	1484
1485	1485
1486	1486
1487	1487	CODING: Words stricken are deletions; words underlined are additions.
1488	1488	hb1173-00
1489	1489	Page 41 of 42
1490	1490	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
1491	1491
1492	1492
1493	1493
1494	1494	while such equipment or material is being used for the provision 1001
1495	1495	of dental services, whether those services are provided by a 1002
1496	1496	dentist, a dental therapist, a dental hygienist, or a dental 1003
1497	1497	assistant. 1004
1498	1498	1005
1499	1499	Any lease agreement, rental agreemen t, or other arrangement 1006
1500	1500	between a nondentist and a dentist whereby the nondentist 1007
1501	1501	provides the dentist with dental equipment or dental materials 1008
1502	1502	shall contain a provision whereby the dentist expressly 1009
1503	1503	maintains complete care, custody, and control of the eq uipment 1010
1504	1504	or practice. 1011
1505	1505	Section 18. The Department of Health, in consultation with 1012
1506	1506	the Board of Dentistry and the Agency for Health Care 1013
1507	1507	Administration, shall submit a progress report to the President 1014
1508	1508	of the Senate and the Speaker of the House of Represen tatives by 1015
1509	1509	July 1, 2027, and a final report 4 years after the first dental 1016
1510	1510	therapy license is issued. The reports must include all of the 1017
1511	1511	following information and recommendations: 1018
1512	1512	(1) The progress that has been made in this state to 1019
1513	1513	implement dental the rapy training programs, licensing, and 1020
1514	1514	Medicaid reimbursement. 1021
1515	1515	(2) Data demonstrating the effects of dental therapy in 1022
1516	1516	this state on all of the following: 1023
1517	1517	(a) Patient access to dental services. 1024
1518	1518	(b) Costs to dental providers, patients, dental insuranc e 1025
1519	1519
1520	1520	HB 1173 2024
1521	1521
1522	1522
1523	1523
1524	1524	CODING: Words stricken are deletions; words underlined are additions.
1525	1525	hb1173-00
1526	1526	Page 42 of 42
1527	1527	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
1528	1528
1529	1529
1530	1530
1531	1531	carriers, and the state. 1026
1532	1532	(c) The quality and safety of dental services. 1027
1533	1533	(3) Specific recommendations for any necessary 1028
1534	1534	legislative, administrative, or regulatory reform relating to 1029
1535	1535	the practice of dental therapy. 1030
1536	1536	(4) Any other information the department deems 1031
1537	1537	appropriate. 1032
1538	1538	Section 19. This act shall take effect July 1, 2024. 1033