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A bill to be entitled 1
An act relating to dental therapy; amending s. 2
409.906, F.S.; authorizing Medicaid to reimburse for 3
dental services provided in a mobile dental unit that 4
is owned by, operated by, or contracted with a health 5
access setting or another similar setting or pro gram; 6
amending s. 466.001, F.S.; revising legislative 7
purpose and intent; amending s. 466.002, F.S.; 8
providing applicability; amending s. 466.003, F.S.; 9
defining the terms "dental therapist" and "dental 10
therapy"; amending s. 466.004, F.S.; requiring the 11
chair of the Board of Dentistry to appoint a Council 12
on Dental Therapy, effective after a specified 13
timeframe; providing for membership, meetings, and the 14
purpose of the council; amending s. 466.006, F.S.; 15
revising the definitions of the terms "full -time 16
practice" and "full-time practice of dentistry within 17
the geographic boundaries of this state within 1 year" 18
to include full-time faculty members of certain dental 19
therapy schools; amending s. 466.009, F.S.; requiring 20
the Department of Health to allow any per son who fails 21
the dental therapy examination to retake the 22
examination; providing that a person who fails a 23
practical or clinical examination to practice dental 24
therapy and who has failed one part or procedure of 25
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the examination may be required to retake o nly that 26
part or procedure to pass the examination; amending s. 27
466.011, F.S.; requiring the board to certify an 28
applicant for licensure as a dental therapist; 29
creating s. 466.0136, F.S.; requiring the board to 30
require each licensed dental therapist to com plete a 31
specified number of hours of continuing education; 32
requiring the board to adopt rules and guidelines; 33
authorizing the board to excuse licensees from 34
continuing education requirements in certain 35
circumstances; amending s. 466.016, F.S.; requiring a 36
practitioner of dental therapy to post and display her 37
or his license in each office where she or he 38
practices; amending s. 466.017, F.S.; requiring the 39
board to adopt certain rules relating to dental 40
therapists; authorizing a dental therapist to 41
administer local anesthesia under certain 42
circumstances; authorizing a dental therapist under 43
the direct supervision of a dentist to perform certain 44
duties if specified requirements are met; authorizing 45
a dental therapist providing services in a mobile 46
dental unit under the general supervision of a dentist 47
to perform certain duties if specified requirements 48
are met; requiring a dental therapist to notify the 49
board in writing within a specified timeframe after 50
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specified adverse incidents; requiring a complete 51
written report to be filed with the board within a 52
specified timeframe; providing for disciplinary action 53
of a dental therapist; amending s. 466.018, F.S.; 54
providing that a dentist of record remains primarily 55
responsible for the dental treatment of a patient 56
regardless of whether the treatment is provided by a 57
dental therapist; requiring that the initials of a 58
dental therapist who renders treatment to a patient be 59
placed in the record of the patient; creating s. 60
466.0225, F.S.; providing application requirements a nd 61
examination and licensure qualifications for dental 62
therapists; creating s. 466.0227, F.S.; authorizing a 63
dental therapist to perform specified services under 64
the general supervision of a dentist under certain 65
conditions; specifying state -specific dental therapy 66
services; requiring that a collaborative management 67
agreement be signed by a supervising dentist and a 68
dental therapist and to include certain information; 69
requiring the supervising dentist to determine the 70
number of hours of practice that a dent al therapist 71
must complete before performing certain authorized 72
services; authorizing a supervising dentist to 73
restrict or limit the dental therapist's practice in a 74
collaborative management agreement; providing that a 75
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supervising dentist may authorize a d ental therapist 76
to provide dental therapy services to a patient before 77
the dentist examines or diagnoses the patient under 78
certain conditions; requiring a supervising dentist to 79
be licensed and practicing in this state; specifying 80
that the supervising dent ist is responsible for 81
certain services; amending s. 466.026, F.S.; providing 82
criminal penalties; amending s. 466.028, F.S.; 83
revising grounds for denial of a license or 84
disciplinary action to include the practice of dental 85
therapy; amending s. 466.0285, F. S.; prohibiting 86
persons other than licensed dentists from employing a 87
dental therapist in the operation of a dental office 88
and from controlling the use of any dental equipment 89
or material in certain circumstances; amending s. 90
921.0022, F.S.; conforming a p rovision to changes made 91
by the act; requiring the department, in consultation 92
with the board and the Agency for Health Care 93
Administration, to provide reports to the Legislature 94
by specified dates; requiring that certain information 95
and recommendations be included in the reports; 96
providing an effective date. 97
98
Be It Enacted by the Legislature of the State of Florida: 99
100
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Section 1. Paragraph (c) of subsection (1) of section 101
409.906, Florida Statutes, is amended, and paragraph (e) is 102
added to subsection (6) of that section, to read: 103
409.906 Optional Medicaid services. —Subject to specific 104
appropriations, the agency may make payments for services which 105
are optional to the state under Title XIX of the Social Security 106
Act and are furnished by Medicaid prov iders to recipients who 107
are determined to be eligible on the dates on which the services 108
were provided. Any optional service that is provided shall be 109
provided only when medically necessary and in accordance with 110
state and federal law. Optional services re ndered by providers 111
in mobile units to Medicaid recipients may be restricted or 112
prohibited by the agency. Nothing in this section shall be 113
construed to prevent or limit the agency from adjusting fees, 114
reimbursement rates, lengths of stay, number of visits, or 115
number of services, or making any other adjustments necessary to 116
comply with the availability of moneys and any limitations or 117
directions provided for in the General Appropriations Act or 118
chapter 216. If necessary to safeguard the state's systems of 119
providing services to elderly and disabled persons and subject 120
to the notice and review provisions of s. 216.177, the Governor 121
may direct the Agency for Health Care Administration to amend 122
the Medicaid state plan to delete the optional Medicaid service 123
known as "Intermediate Care Facilities for the Developmentally 124
Disabled." Optional services may include: 125
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(1) ADULT DENTAL SERVICES. — 126
(c) However, Medicaid will not provide reimbursement for 127
dental services provided in a mobile dental unit, except for a 128
mobile dental unit: 129
1. Owned by, operated by, or having a contractual 130
agreement with the Department of Health and complying with 131
Medicaid's county health department clinic services program 132
specifications as a county health department clinic services 133
provider. 134
2. Owned by, operated by, or having a contractual 135
arrangement with a federally qualified health center and 136
complying with Medicaid's federally qualified health center 137
specifications as a federally qualified health center provider. 138
3. Rendering dental services to Medicaid recipients, 21 139
years of age and older, at nursing facilities. 140
4. Owned by, operated by, or having a contractual 141
agreement with a state -approved dental educational institution. 142
5. Owned by, operated by, or having a contractual 143
agreement with a health access setting as defined in s. 466.003 144
or a similar setting or program. 145
(6) CHILDREN'S DENTAL SERVICES. —The agency may pay for 146
diagnostic, preventive, or corrective procedures, including 147
orthodontia in severe cases, provided to a rec ipient under age 148
21, by or under the supervision of a licensed dentist. The 149
agency may also reimburse a health access setting as defined in 150
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s. 466.003 for the remediable tasks that a licensed dental 151
hygienist is authorized to perform under s. 466.024(2). S ervices 152
provided under this program include treatment of the teeth and 153
associated structures of the oral cavity, as well as treatment 154
of disease, injury, or impairment that may affect the oral or 155
general health of the individual. However, Medicaid will not 156
provide reimbursement for dental services provided in a mobile 157
dental unit, except for a mobile dental unit: 158
(e) Owned by, operated by, or having a contractual 159
agreement with a health access setting as defined in s. 466.003 160
or a similar setting or progr am. 161
Section 2. Section 466.001, Florida Statutes, is amended 162
to read: 163
466.001 Legislative purpose and intent. —The legislative 164
purpose for enacting this chapter is to ensure that every 165
dentist, dental therapist, or dental hygienist practicing in 166
this state meets minimum requirements for safe practice without 167
undue clinical interference by persons not licensed under this 168
chapter. It is the legislative intent that dental services be 169
provided only in accordance with the provisions of this chapter 170
and not be delegated to unauthorized individuals. It is the 171
further legislative intent that dentists , dental therapists, and 172
dental hygienists who fall below minimum competency or who 173
otherwise present a danger to the public shall be prohibited 174
from practicing in this state. All provisions of this chapter 175
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relating to the practice of dentistry , dental therapy, and 176
dental hygiene shall be liberally construed to carry out such 177
purpose and intent. 178
Section 3. Subsections (5) and (6) of section 466.002, 179
Florida Statutes, are amended to read: 180
466.002 Persons exempt from operation of chapter. —Nothing 181
in This chapter does not shall apply to the following practices, 182
acts, and operations: 183
(5) Students in Florida schools of dentistry , dental 184
therapy, and dental hygiene or dental assistant educational 185
programs, while performing regularly assigned work under the 186
curriculum of such schools or programs. 187
(6) Instructors in Florida schools of dentistry, 188
instructors in dental programs that prepare persons holding 189
D.D.S. or D.M.D. degrees for certification by a specialty board 190
and that are accredited in the United States by January 1, 2005, 191
in the same manner as the board recognizes accreditation for 192
Florida schools of dentistry that are not otherwise affiliated 193
with a Florida school of dentistry, or instructors in Florida 194
schools of dental hygiene , dental therapy, or dental assistant 195
educational programs, while performing regularly assigned 196
instructional duties under the curriculum of such schools or 197
programs. A full-time dental instructor at a dental school or 198
dental program approved by the board may be allowed to practice 199
dentistry at the teaching facilities of such school or program, 200
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upon receiving a teaching permit issued by the board, in strict 201
compliance with such rul es as are adopted by the board 202
pertaining to the teaching permit and with the established rules 203
and procedures of the dental school or program as recognized in 204
this section. 205
Section 4. Section 466.003, Florida Statutes, is reordered 206
and amended to read: 207
466.003 Definitions. —As used in this chapter , the term: 208
(1) "Board" means the Board of Dentistry. 209
(2)(6) "Dental assistant" means a person, other than a 210
dental hygienist, who, under the supervision and authorization 211
of a dentist, provides dental ca re services directly to a 212
patient. This term does shall not include a certified registered 213
nurse anesthetist licensed under part I of chapter 464. 214
(3)(4) "Dental hygiene" means the rendering of 215
educational, preventive, and therapeutic dental services 216
pursuant to ss. 466.023 and 466.024 and any related extra -oral 217
procedure required in the performance of such services. 218
(4)(5) "Dental hygienist" means a person licensed to 219
practice dental hygiene pursuant to this chapter. 220
(5) "Dental therapist" means a pe rson licensed to practice 221
dental therapy pursuant to s. 466.0225. 222
(6) "Dental therapy" means the rendering of services 223
pursuant to s. 466.0227 and any related extraoral services or 224
procedures required in the performance of such services. 225
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(7)(2) "Dentist" means a person licensed to practice 226
dentistry pursuant to this chapter. 227
(8)(3) "Dentistry" means the healing art which is 228
concerned with the examination, diagnosis, treatment planning, 229
and care of conditions within the human oral cavity and its 230
adjacent tissues and structures. It includes the performance or 231
attempted performance of any dental operation, or oral or oral -232
maxillofacial surgery and any procedures adjunct thereto, 233
including physical evaluation directly related to such operation 234
or surgery pursuant to hospital rules and regulations. It also 235
includes dental service of any kind gratuitously or for any 236
remuneration paid, or to be paid, directly or indirectly, to any 237
person or agency. The term "dentistry" shall also includes 238
include the following: 239
(a) The Taking of an impression of the human tooth, teeth, 240
or jaws directly or indirectly and by any means or method. 241
(b) Supplying artificial substitutes for the natural teeth 242
or furnishing, supplying, constructing, reproducing, or 243
repairing any prosthetic denture, bridge, appliance, or any 244
other structure designed to be worn in the human mouth except on 245
the written work order of a duly licensed dentist. 246
(c) The Placing of an appliance or structure in the human 247
mouth or the adjusting or attempti ng to adjust the same. 248
(d) Delivering the same to any person other than the 249
dentist upon whose work order the work was performed. 250
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(e) Professing to the public by any method to furnish, 251
supply, construct, reproduce, or repair any prosthetic denture, 252
bridge, appliance, or other structure designed to be worn in the 253
human mouth. 254
(f) Diagnosing, prescribing, or treating or professing to 255
diagnose, prescribe, or treat disease, pain, deformity, 256
deficiency, injury, or physical condition of the human teeth or 257
jaws or oral-maxillofacial region. 258
(g) Extracting or attempting to extract human teeth. 259
(h) Correcting or attempting to correct malformations of 260
teeth or of jaws. 261
(i) Repairing or attempting to repair cavities in the 262
human teeth. 263
(9)(7) "Department" means the Department of Health. 264
(10)(8) "Digital scanning" means the use of digital 265
technology that creates a computer -generated replica of the hard 266
and soft tissue of the oral cavity using enhanced digital 267
photography, lasers, or other optical scanning devices. 268
(11)(9) "Direct supervision" means supervision whereby a 269
dentist diagnoses the condition to be treated, a dentist 270
authorizes the procedure to be performed, a dentist remains on 271
the premises while the procedures are performed, and a dentist 272
approves the work performed before dismissal of the patient. 273
(12)(11) "General supervision" means supervision whereby a 274
dentist authorizes the procedures which are being carried out 275
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but need not be present when the authorized procedures are being 276
performed. The authorized procedures may also be performed at a 277
place other than the dentist's usual place of practice. The 278
issuance of a written work authorization to a commercial dental 279
laboratory by a dentist does not constitute general supervision. 280
(13)(15) "Health access setting" means a program or an 281
institution of the Department of Children and Families, the 282
Department of Health, the Department of Juvenile Justice, a 283
nonprofit community health center, a Head Start center, a 284
federally qualified health center o r look-alike as defined by 285
federal law, a school -based prevention program, a clinic 286
operated by an accredited college of dentistry, or an accredited 287
dental hygiene program in this state if such community service 288
program or institution immediately reports t o the Board of 289
Dentistry all violations of s. 466.027, s. 466.028, or other 290
practice act or standard of care violations related to the 291
actions or inactions of a dentist, dental hygienist, or dental 292
assistant engaged in the delivery of dental care in such 293
setting. 294
(14)(10) "Indirect supervision" means supervision whereby 295
a dentist authorizes the procedure and a dentist is on the 296
premises while the procedures are performed. 297
(15)(12) "Irremediable tasks" are those intraoral 298
treatment tasks which, when performed, are irreversible and 299
create unalterable changes within the oral cavity or the 300
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contiguous structures or which cause an increased risk to the 301
patient. The administration of ane sthetics other than topical 302
anesthesia is considered to be an "irremediable task" for 303
purposes of this chapter. 304
(16)(14) "Oral and maxillofacial surgery" means the 305
specialty of dentistry involving diagnosis, surgery, and 306
adjunctive treatment of diseases, injuries, and defects 307
involving the functional and esthetic aspects of the hard and 308
soft tissues of the oral and maxillofacial regions. This term 309
may not be construed to apply to any individual exempt under s. 310
466.002(1). 311
(17)(13) "Remediable tasks" are those intraoral treatment 312
tasks which are reversible and do not create unalterable changes 313
within the oral cavity or the contiguous structures and which do 314
not cause an increased risk to the patient. 315
(18)(16) "School-based prevention program" means 316
preventive oral health services offered at a school by one of 317
the entities described defined in subsection (13) (15) or by a 318
nonprofit organization that is exempt from federal income 319
taxation under s. 501(a) of the Internal Revenue Code, and 320
described in s. 501(c)(3) of the Internal Revenue Code. 321
Section 5. Subsection (2) of section 466.004, Florida 322
Statutes, is amended to read: 323
466.004 Board of Dentistry. — 324
(2) To advise the board, it is the intent of the 325
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Legislature that councils be appointed as specif ied in 326
paragraphs (a)-(d) (a), (b), and (c). The department shall 327
provide administrative support to the councils and shall provide 328
public notice of meetings and agendas agenda of the councils. 329
Councils must shall include at least one board member , who shall 330
serve as chair, the council and must shall include nonboard 331
members. All council members shall be appointed by the board 332
chair. Council members shall be appointed for 4 -year terms, and 333
all members are shall be eligible for reimbursement of expenses 334
in the manner of board members. 335
(a) A Council on Dental Hygiene shall be appointed by the 336
board chair and shall include one dental hygienist member of the 337
board, who shall chair the council, one dental member of the 338
board, and three dental hygienists who are actively engaged in 339
the practice of dental hygiene in this state. In making the 340
appointments, the chair shall consider recommendations from the 341
Florida Dental Hygiene Association. The council shall meet at 342
the request of the board chair, a majority of the members of the 343
board, or the council chair; however, the council must meet at 344
least three times a year. The council is charged with the 345
responsibility of and shall meet for the purpose of developing 346
rules and policies for recommendation to the board, which the 347
board shall consider, on matters pertaining to that part of 348
dentistry consisting of educational, preventive, or therapeutic 349
dental hygiene services; dental hygiene licensure, discipline, 350
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or regulation; and dental hygiene education. Rule and policy 351
recommendations of the council must shall be considered by the 352
board at its next regularly scheduled meeting in the same manner 353
in which it considers rule and policy recommendations from 354
designated subcommittees of the board. Any rule or policy 355
proposed by the board pertaining to the specified part of 356
dentistry identified defined by this subsection must shall be 357
referred to the council for a recommendation before final action 358
by the board. The board may take final action on rules 359
pertaining to the specified part of dentistry identified defined 360
by this subsection without a council recommendation if the 361
council fails to submit a recommendation in a timely fashion as 362
prescribed by the board. 363
(b) A Council on Dental Assisting shall be appointed by 364
the board chair and shall include one board member who shall 365
chair the council and three dental assistants who are ac tively 366
engaged in dental assisting in this state. The council shall 367
meet at the request of the board chair or a majority of the 368
members of the board. The council shall meet for the purpose of 369
developing recommendations to the board on matters pertaining to 370
that part of dentistry related to dental assisting. 371
(c) Effective 28 months after the first dental therapy 372
license is granted by the board, the board chair shall appoint a 373
Council on Dental Therapy, which must include one board member 374
who shall chair the council and three dental therapists who are 375
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actively engaged in the practice of dental therapy in this 376
state. The council shall meet at the request of the board chair, 377
a majority of the members of the board, or the council chair; 378
however, the council sha ll meet at least three times per year. 379
The council is charged with the responsibility of, and shall 380
meet for the purpose of, developing rules and policies for 381
recommendation to the board on matters pertaining to that part 382
of dentistry consisting of educati onal, preventive, or 383
therapeutic dental therapy services; dental therapy licensure, 384
discipline, or regulation; and dental therapy education. Rule 385
and policy recommendations of the council must be considered by 386
the board at its next regularly scheduled meet ing in the same 387
manner in which it considers rule and policy recommendations 388
from designated subcommittees of the board. Any rule or policy 389
proposed by the board pertaining to the specified part of 390
dentistry identified by this subsection must be referred t o the 391
council for a recommendation before final action by the board. 392
The board may take final action on rules pertaining to the 393
specified part of dentistry identified by this subsection 394
without a council recommendation if the council fails to submit 395
a recommendation in a timely fashion as prescribed by the board. 396
(d)(c) With the concurrence of the State Surgeon General, 397
the board chair may create and abolish other advisory councils 398
relating to dental subjects, including, but not limited to: 399
examinations, access to dental care, indigent care, nursing home 400
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and institutional care, public health, disciplinary guidelines, 401
and other subjects as appropriate. Such councils shall be 402
appointed by the board chair and shall include at least one 403
board member who shall serve as chair. 404
Section 6. Paragraph (b) of subsection (4) of section 405
466.006, Florida Statutes, is amended to read: 406
466.006 Examination of dentists. — 407
(4) Notwithstanding any other provision of law in chapter 408
456 pertaining to the clinical dental l icensure examination or 409
national examinations, to be licensed as a dentist in this 410
state, an applicant must successfully complete both of the 411
following: 412
(b) A practical or clinical examination, which must be the 413
American Dental Licensing Examination prod uced by the American 414
Board of Dental Examiners, Inc., or its successor entity, if 415
any, which is administered in this state, provided that the 416
board has attained, and continues to maintain thereafter, 417
representation on the board of directors of the American Board 418
of Dental Examiners, the examination development committee of 419
the American Board of Dental Examiners, and such other 420
committees of the American Board of Dental Examiners as the 421
board deems appropriate by rule to assure that the standards 422
established herein are maintained organizationally. 423
1. As an alternative to such practical or clinical 424
examination, an applicant may submit scores from an American 425
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Dental Licensing Examination previously administered in a 426
jurisdiction other than this state after Oc tober 1, 2011, and 427
such examination results are recognized as valid for the purpose 428
of licensure in this state. A passing score on the American 429
Dental Licensing Examination administered out of state is the 430
same as the passing score for the American Dental Licensing 431
Examination administered in this state. The applicant must have 432
completed the examination after October 1, 2011. This 433
subparagraph may not be given retroactive application. 434
2. If the date of an applicant's passing American Dental 435
Licensing Examination scores from an examination previously 436
administered in a jurisdiction other than this state under 437
subparagraph 1. is older than 365 days, such scores are 438
nevertheless valid for the purpose of licensure in this state, 439
but only if the applicant demons trates that all of the following 440
additional standards have been met: 441
a. The applicant completed the American Dental Licensing 442
Examination after October 1, 2011. This sub -subparagraph may not 443
be given retroactive application. 444
b. The applicant graduated from a dental school accredited 445
by the American Dental Association Commission on Dental 446
Accreditation or its successor entity, if any, or any other 447
dental accrediting organization recognized by the United States 448
Department of Education. Provided, however, if the applicant did 449
not graduate from such a dental school, the applicant may submit 450
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proof of having successfully completed a full -time supplemental 451
general dentistry program accredited by the American Dental 452
Association Commission on Dental Accreditation of at least 2 453
consecutive academic years at such accredited sponsoring 454
institution. Such program must provide didactic and clinical 455
education at the level of a D.D.S. or D.M.D. program accredited 456
by the American Dental Association Commission on Dental 457
Accreditation. For purposes of this sub -subparagraph, a 458
supplemental general dentistry program does not include an 459
advanced education program in a dental specialty. 460
c. The applicant currently possesses a valid and active 461
dental license in good standing, wit h no restriction, which has 462
never been revoked, suspended, restricted, or otherwise 463
disciplined, from another state or territory of the United 464
States, the District of Columbia, or the Commonwealth of Puerto 465
Rico. 466
d. The applicant must disclose to the boa rd during the 467
application process if he or she has been reported to the 468
National Practitioner Data Bank, the Healthcare Integrity and 469
Protection Data Bank, or the American Association of Dental 470
Boards Clearinghouse. This sub -subparagraph does not apply if 471
the applicant successfully appealed to have his or her name 472
removed from the data banks of these agencies. 473
e.(I)(A) The applicant submits proof of having been 474
consecutively engaged in the full -time practice of dentistry in 475
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another state or territory of t he United States, the District of 476
Columbia, or the Commonwealth of Puerto Rico in the 5 years 477
immediately preceding the date of application for licensure in 478
this state; or 479
(B) If the applicant has been licensed in another state or 480
territory of the United States, the District of Columbia, or the 481
Commonwealth of Puerto Rico for less than 5 years, the applicant 482
submits proof of having been engaged in the full -time practice 483
of dentistry since the date of his or her initial licensure. 484
(II) As used in this se ction, "full-time practice" is 485
defined as a minimum of 1,200 hours per year for each year in 486
the consecutive 5-year period or, when applicable, the period 487
since initial licensure, and must include any combination of the 488
following: 489
(A) Active clinical pra ctice of dentistry providing direct 490
patient care. 491
(B) Full-time practice as a faculty member employed by a 492
dental, dental therapy, or dental hygiene school approved by the 493
board or accredited by the American Dental Association 494
Commission on Dental Accred itation. 495
(C) Full-time practice as a student at a postgraduate 496
dental education program approved by the board or accredited by 497
the American Dental Association Commission on Dental 498
Accreditation. 499
(III) The board shall develop rules to determine what typ e 500
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of proof of full-time practice is required and to recoup the 501
cost to the board of verifying full -time practice under this 502
section. Such proof must, at a minimum, be: 503
(A) Admissible as evidence in an administrative 504
proceeding; 505
(B) Submitted in writing; 506
(C) Further documented by an applicant's annual income tax 507
return filed with the Internal Revenue Service for each year in 508
the preceding 5-year period or, if the applicant has been 509
practicing for less than 5 years, the period since initial 510
licensure; and 511
(D) Specifically found by the board to be both credible 512
and admissible. 513
(IV) The board may excuse applicants from the 1,200 -hour 514
requirement in the event of hardship, as defined by the board. 515
f. The applicant submits documentation that he o r she has 516
completed, or will complete before he or she is licensed in this 517
state, continuing education equivalent to this state's 518
requirements for the last full reporting biennium. 519
g. The applicant proves that he or she has never been 520
convicted of, or pled nolo contendere to, regardless of 521
adjudication, any felony or misdemeanor related to the practice 522
of a health care profession in any jurisdiction. 523
h. The applicant has successfully passed a written 524
examination on the laws and rules of this state regul ating the 525
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practice of dentistry and the computer -based diagnostic skills 526
examination. 527
i. The applicant submits documentation that he or she has 528
successfully completed the applicable examination administered 529
by the Joint Commission on National Dental Exam inations or its 530
successor organization. 531
Section 7. Subsection (1) of section 466.009, Florida 532
Statutes, is amended, and subsection (4) is added to that 533
section, to read: 534
466.009 Reexamination. — 535
(1) Any person who fails an examination that is requir ed 536
under s. 466.006, or s. 466.007, or s. 466.0225 may retake the 537
examination. 538
(4) If an applicant for a license to practice dental 539
therapy fails the practical or clinical examination and she or 540
he has failed only one part or procedure of such examinatio n, 541
she or he may be required to retake only that part or procedure 542
to pass such examination. However, if any such applicant fails 543
more than one part or procedure of any such examination, she or 544
he must be required to retake the entire examination. 545
Section 8. Section 466.011, Florida Statutes, is amended 546
to read: 547
466.011 Licensure.—The board shall certify for licensure 548
by the department any applicant who satisfies the requirements 549
of s. 466.006, s. 466.0067, or s. 466.007, or s. 466.0225. The 550
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board may refuse to certify an applicant who has violated any of 551
the provisions of s. 466.026 or s. 466.028. 552
Section 9. Section 466.0136, Florida Statutes, is created 553
to read: 554
466.0136 Continuing education; dental therapists. —In 555
addition to any other requirem ents for relicensure for dental 556
therapists specified in this chapter, the board shall require 557
each licensed dental therapist to complete at least 24 hours, 558
but not more than 36 hours, biennially of continuing education 559
in dental subjects in programs approv ed by the board or in 560
equivalent programs of continuing education. Programs of 561
continuing education approved by the board must be programs of 562
learning which, in the opinion of the board, contribute directly 563
to the dental education of the dental therapist. An individual 564
who is licensed as both a dental therapist and a dental 565
hygienist may use 2 hours of continuing education that is 566
approved for both dental therapy and dental hygiene education to 567
satisfy both dental therapy and dental hygiene continuing 568
education requirements. The board shall adopt rules and 569
guidelines to administer and enforce this section. The dental 570
therapist shall retain in her or his records any receipts, 571
vouchers, or certificates necessary to document completion of 572
the continuing educati on. Compliance with the continuing 573
education requirements is mandatory for issuance of the renewal 574
certificate. The board may excuse licensees, as a group or as 575
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individuals, from all or part of the continuing education 576
requirements if an unusual circumstan ce, emergency, or hardship 577
prevents compliance with this section. 578
Section 10. Subsection (1) of section 466.016, Florida 579
Statutes, is amended to read: 580
466.016 License to be displayed. — 581
(1) Every practitioner of dentistry , dental therapy, or 582
dental hygiene within the meaning of this chapter shall post and 583
keep conspicuously displayed her or his license in the office 584
where wherein she or he practices, in plain sight of the 585
practitioner's patients. Any dentist , dental therapist, or 586
dental hygienist who practices at more than one location must 587
display a copy of her or his license in each office where she or 588
he practices. 589
Section 11. Section 466.017, Florida Statutes, is amended, 590
to read: 591
466.017 Prescription of drugs; anesthesia. — 592
(1) A dentist shall have the right to prescribe drugs or 593
medicine, subject to limitations imposed by law; perform 594
surgical operations within the scope of her or his practice and 595
training; administer general or local anesthesia or sedation, 596
subject to limitations imposed by law; and use such appliances 597
as may be necessary to the proper practice of dentistry. 598
(2) Pharmacists licensed pursuant to chapter 465 may fill 599
prescriptions of legally licensed dentists in this state for any 600
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drugs necessary for the practice of dentis try. 601
(3) The board shall adopt rules which: 602
(d) Establish further requirements relating to the use of 603
general anesthesia or sedation, including, but not limited to, 604
office equipment and the training of dental assistants , dental 605
therapists, or dental hygienists who work with dentists using 606
general anesthesia or sedation. 607
(e) Establish an administrative mechanism enabling the 608
board to verify compliance with training, education, experience, 609
equipment, or certification requirements of dentists, dental 610
therapists, dental hygienists, and dental assistants adopted 611
pursuant to this subsection. The board may charge a fee to 612
defray the cost of verifying compliance with requirements 613
adopted pursuant to this paragraph. 614
(4) A dentist, dental therapist, or dental hygienist who 615
administers or employs the use of any form of anesthesia must 616
possess a certification in either basic cardiopulmonary 617
resuscitation for health professionals or advanced cardiac life 618
support approved by the American Heart Association or the 619
American Red Cross or an equivalent agency -sponsored course with 620
recertification every 2 years. Each dental office that which 621
uses any form of anesthesia must have immediately available and 622
in good working order such resuscitative equipment, oxygen, and 623
other resuscitative drugs as are specified by rule of the board 624
in order to manage possible adverse reactions. 625
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(5) A dental hygienist under the direct supervision of a 626
dentist may administer local anesthesia, including intraoral 627
block anesthesia, soft tissue infiltration anesthesia, or both, 628
to a nonsedated patient who is 18 years of age or older, if the 629
following criteria are met: 630
(a) The dental hygienist has successfully completed a 631
course in the administration of local anesthesia which is 632
offered by a dental or dental hygiene program accredited by the 633
Commission on Dental Accreditation of the American Dental 634
Association or approved by the board. The course must include a 635
minimum of 30 hours of didactic instruction and 30 hours of 636
clinical experience, and instruction in: 637
1. Theory of pain control. 638
2. Selection-of-pain-control modalities. 639
3. Anatomy. 640
4. Neurophysiology. 641
5. Pharmacology of local anesthetics. 642
6. Pharmacology of vasoconstrictors. 643
7. Psychological aspects of pain control. 644
8. Systematic complications. 645
9. Techniques of maxillary anesthesia. 646
10. Techniques of mandibular anesthesia. 647
11. Infection control. 648
12. Medical emergencies involving local anesthesia. 649
(b) The dental hygienist presents evidence of current 650
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certification in basic or advanced cardiac life support. 651
(c) The dental hygienist possesses a valid certificate 652
issued under subsection (8) (6). 653
(6) A dental therapist, under the direct supervision of a 654
dentist may administer local anesthesia, including intraoral 655
block anesthesia, soft tissue infiltration anesthesia, or both, 656
if the following criteria are met: 657
(a) The dental therapist has successfully completed a 658
course in the administration of local anesthesia that meets the 659
requirements described in paragraph (5)(a). 660
(b) The dental therapist presents evidence of current 661
certification in basic or advanced cardiac life support. 662
(c) The dental therapist possesses a valid certificate 663
issued under subsection (8). 664
(7) A dental therapist providing services in a mobile 665
dental unit may administer local anesthesia, including intraoral 666
block anesthesia, soft tissue infiltration anesthesia, or both, 667
under the general supervision of a dentist, if she or he meets 668
the criteria described in subsection (6). 669
(8)(6) Any dental therapist or dental hygienist seeking a 670
certificate to administer local anesthesia must apply to the 671
department, remit an application fee, and submit proof of 672
successful completion of a course in the administration of local 673
anesthesia pursuant to su bsection (5). The board shall certify, 674
and the department shall issue a certificate to, any dental 675
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therapist or dental hygienist who fulfills the qualifications of 676
subsection (5). The board shall establish a one -time application 677
fee not to exceed $35. The certificate is not subject to renewal 678
but is part of the dental therapist's or dental hygienist's 679
permanent record and must be prominently displayed at the 680
location where the dental therapist or dental hygienist is 681
authorized to administer local anesthesia . The board shall adopt 682
rules necessary to administer subsections subsection (5), (6), 683
and (7) and this subsection. 684
(9)(7) A licensed dentist, or a dental therapist who is 685
authorized by her or his supervising dentist, may operate 686
utilize an X-ray machine, expose dental X-ray films, and 687
interpret or read such films. Notwithstanding The provisions of 688
part IV of chapter 468 to the contrary notwithstanding , a 689
licensed dentist, or a dental therapist who is authorized by her 690
or his supervising dentist, may authorize or direct a dental 691
assistant to operate such equipment and expose such films under 692
her or his direction and supervision, pursuant to rules adopted 693
by the board in accordance with s. 466.024 which ensure that the 694
said assistant is competent by reason of training and experience 695
to operate the X-ray said equipment in a safe and efficient 696
manner. The board may charge a fee not to exceed $35 to defray 697
the cost of verifying compliance with requirements adopted 698
pursuant to this section. 699
(10)(8) Notwithstanding The provisions of s. 465.0276 700
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notwithstanding, a dentist need not register with the board or 701
comply with the continuing education requirements of that 702
section if the dentist confines her or his dispensing activity 703
to the dispensing of fluorides and chlorhexidine chlorohexidine 704
rinse solutions; provided that the dentist complies with and is 705
subject to all laws and rules applicable to pharmacists and 706
pharmacies, including, but not limited to, chapters 465, 499, 707
and 893, and all applicable federal laws an d regulations, when 708
dispensing such products. 709
(11)(9) Any adverse incident that occurs in an office 710
maintained by a dentist must be reported to the department. The 711
required notification to the department must be submitted in 712
writing by certified mail and postmarked within 48 hours after 713
the incident occurs. 714
(12)(10) A dentist practicing in this state must notify 715
the board in writing by certified mail within 48 hours after any 716
adverse incident that occurs in the dentist's outpatient 717
facility. A complete written report must be filed with the board 718
within 30 days after the incident occurs. 719
(13)(11) Any certified registered dental hygienist 720
administering local anesthesia must notify the board in writing 721
by registered mail within 48 hours after any adverse incident 722
that was related to or the result of the administration of local 723
anesthesia. A complete written report must be filed with the 724
board within 30 days after the mortality or other adverse 725
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incident. 726
(14) A dental therapist must notify the board in wr iting 727
by registered mail within 48 hours after any adverse incident 728
related to or resulting from the administration of local 729
anesthesia. A complete written report must be filed with the 730
board within 30 days after the mortality or other adverse 731
incident. 732
(15)(12) A failure by the dentist , dental therapist, or 733
dental hygienist to timely and completely comply with all the 734
reporting requirements in this section is the basis for 735
disciplinary action by the board pursuant to s. 466.028(1). 736
(16)(13) The department shall review each adverse incident 737
and determine whether it involved conduct by a health care 738
professional subject to disciplinary action, in which case s. 739
456.073 applies. Disciplinary action, if any, shall be taken by 740
the board under which the health care professional is licensed. 741
(17)(14) As used in subsections (11)-(16) (9)-(13), the 742
term "adverse incident" means any mortality that occurs during 743
or as the result of a dental procedure, or an incident that 744
results in a temporary or permanent physica l or mental injury 745
that requires hospitalization or emergency room treatment of a 746
dental patient which occurs during or as a direct result of the 747
use of general anesthesia, deep sedation, moderate sedation, 748
pediatric moderate sedation, oral sedation, minim al sedation 749
(anxiolysis), nitrous oxide, or local anesthesia. 750
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(18)(15) The board may adopt rules to administer this 751
section. 752
Section 12. Subsection (1) of section 466.018, Florida 753
Statutes, is amended to read: 754
466.018 Dentist of record; patient records.— 755
(1) Each patient must shall have a dentist of record. The 756
dentist of record shall remain primarily responsible for all 757
dental treatment on such patient regardless of whether the 758
treatment is rendered by that the dentist or by another dentist, 759
a dental therapist, a dental hygienist, or a dental assistant 760
rendering such treatment in conjunction with, at the direction 761
or request of, or under the supervision of such dentist of 762
record. The dentist of record must shall be identified in the 763
record of the patient. If treatment is rendered by a dentist 764
other than the dentist of record or by a dental hygienist , 765
dental therapist, or dental assistant, the name or initials of 766
such person must shall be placed in the record of the patient. 767
In any disciplinary p roceeding brought pursuant to this chapter 768
or chapter 456, it must shall be presumed as a matter of law 769
that treatment was rendered by the dentist of record unless 770
otherwise noted on the patient record pursuant to this section. 771
The dentist of record and an y other treating dentist are subject 772
to discipline pursuant to this chapter or chapter 456 for 773
treatment rendered to the patient and performed in violation of 774
such chapter. One of the purposes of this section is to ensure 775
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that the responsibility for each p atient is assigned to one 776
dentist in a multidentist practice of any nature and to assign 777
primary responsibility to the dentist for treatment rendered by 778
a dental hygienist, dental therapist, or dental assistant under 779
her or his supervision. This section may shall not be construed 780
to assign any responsibility to a dentist of record for 781
treatment rendered pursuant to a proper referral to another 782
dentist who does not in practice with the dentist of record or 783
to prohibit a patient from voluntarily selecting a n ew dentist 784
without permission of the dentist of record. 785
Section 13. Section 466.0225, Florida Statutes, is created 786
to read: 787
466.0225 Examination of dental therapists; licensing. — 788
(1)(a) Any person desiring to be licensed as a dental 789
therapist must apply to the department. 790
(b) Applicants for licensure must also submit to 791
background screening in accordance with s. 456.0135. 792
(2) The department shall issue a license to an applicant 793
who the board certifies meets all of the following criteria: 794
(a) Is 18 years of age or older. 795
(b) Is a graduate of a dental therapy college or school 796
accredited by the American Dental Association Commission on 797
Dental Accreditation or its successor entity, if any, or any 798
other dental therapy accrediting entity recogniz ed by the United 799
States Department of Education. For applicants applying for a 800
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dental therapy license before January 1, 2030, the board must 801
approve the applicant's dental therapy education program if the 802
program was administered by a college or school tha t operates an 803
accredited dental or dental hygiene program and the college or 804
school certifies to the board that the applicant's education 805
substantially conformed to the education standards established 806
by the American Dental Association Commission on Dental 807
Accreditation or its successor entity. 808
(c) Has successfully completed a dental therapy practical 809
or clinical examination produced by the American Board of Dental 810
Examiners, Inc., or its successor entity, if any, if the board 811
finds that the successor ent ity's examination meets or exceeds 812
the requirements of this section. If an applicant fails to pass 813
such an examination in three attempts, the applicant is not 814
eligible to retake the examination unless the applicant 815
completes additional education requiremen ts as specified by the 816
board. 817
(d) Has successfully completed a written examination on 818
the laws and rules of this state regulating the practice of 819
dental therapy. 820
(e) Has not been disciplined by a board, except for 821
citation offenses or minor violations. 822
(f) Has not been convicted of or pled nolo contendere to, 823
regardless of adjudication, any felony or misdemeanor related to 824
the practice of a health care profession. 825
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(3) An applicant who meets the requirements of this 826
section and who has successfully c ompleted an examination 827
identified in paragraph (2)(c) in a jurisdiction other than this 828
state, or who has successfully completed a comparable 829
examination administered or approved by the licensing authority 830
in a jurisdiction other than this state, shall be licensed to 831
practice dental therapy in this state if the board determines 832
that the other jurisdiction's examination is substantially 833
similar to those identified in paragraph (2)(c). 834
Section 14. Section 466.0227, Florida Statutes, is created 835
to read: 836
466.0227 Dental therapists; scope and area of practice. — 837
(1) Except as otherwise provided in this chapter, a dental 838
therapist may perform the dental therapy services specified in 839
subsection (2) under the general supervision of a dentist if 840
providing services in a mobile dental unit and under direct 841
supervision of a dentist in all other service scenarios to the 842
extent authorized by the supervising dentist and provided within 843
the terms of a written collaborative management agreement signed 844
by the dental therapist and the supervising dentist which meets 845
the requirements of subsection (3). 846
(2) Dental therapy services include all of the following: 847
(a) All services, treatments, and competencies identified 848
by the American Dental Association Commission on Den tal 849
Accreditation in the commission's Accreditation Standards for 850
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Dental Therapy Education Programs. 851
(b) The following state -specific services, if the dental 852
therapist's education included curriculum content satisfying the 853
American Dental Association Com mission on Dental Accreditation 854
criteria for state-specific dental therapy services: 855
1. Evaluating radiographs. 856
2. Placement of space maintainers. 857
3. Pulpotomies on primary teeth. 858
4. Dispensing and administering nonopioid analgesics, 859
including nitrous oxide, anti-inflammatories, and antibiotics, 860
as authorized by the supervising dentist and within the 861
parameters of the collaborative management agreement. 862
5. Oral evaluation and assessment of dental disease and 863
formulation of an individualized tr eatment plan if authorized by 864
the supervising dentist and subject to any conditions, 865
limitations, and protocols specified by the supervising dentist 866
in the collaborative management agreement. 867
(3) Before performing any of the services authorized in 868
subsection (2), a dental therapist must enter into a written 869
collaborative management agreement with a supervising dentist. 870
The agreement must be signed by the dental therapist and the 871
supervising dentist and must include all of the following 872
information: 873
(a) Practice settings where services may be provided by 874
the dental therapist and the populations to be served by the 875
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dental therapist. 876
(b) Any limitations on the services that may be provided 877
by the dental therapist, including the level of supervision 878
required by the supervising dentist. This may include 879
telehealth. 880
(c) Age-specific and procedure -specific practice protocols 881
for the dental therapist, including case selection criteria, 882
assessment guidelines, and imaging frequency. 883
(d) A procedure for c reating and maintaining dental 884
records for the patients who are treated by the dental 885
therapist. 886
(e) A plan to manage medical emergencies in each practice 887
setting where the dental therapist provides care. 888
(f) A quality assurance plan for monitoring car e provided 889
by the dental therapist, including patient care review, referral 890
follow-up, and a quality assurance chart review. 891
(g) Protocols for the dental therapist to administer and 892
dispense medications, including the specific conditions and 893
circumstances under which the medications are to be dispensed 894
and administered. 895
(h) Criteria relating to the provision of care by the 896
dental therapist to patients with specific medical conditions or 897
complex medication histories, including requirements for 898
consultation before the initiation of care. 899
(i) Supervision criteria of dental therapists. 900
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(j) A plan for the provision of clinical resources and 901
referrals in situations that are beyond the capabilities of the 902
dental therapist. 903
(4) A supervising dentist shall determine the number of 904
hours of practice that a dental therapist must complete under 905
direct or indirect supervision of the supervising dentist before 906
the dental therapist may perform any of the services authorized 907
in subsection (2) under general or direct supervision. 908
(5) A supervising dentist may restrict or limit the dental 909
therapist's practice in the written collaborative management 910
agreement to be less than the full scope of practice for dental 911
therapists which is authorized in subsection (2). 912
(6) A supervising dentist may authorize a dental therapist 913
to provide dental therapy services to a patient before the 914
supervising dentist examines or diagnoses the patient if the 915
authority, conditions, and protocols are established in a 916
written collaborative m anagement agreement and if the patient is 917
subsequently referred to a dentist for any needed additional 918
services that exceed the dental therapist's scope of practice or 919
authorization under the collaborative management agreement. 920
(7) A supervising dentist must be licensed and practicing 921
in this state. The supervising dentist is responsible for all 922
services authorized and performed by the dental therapist 923
pursuant to the collaborative management agreement and for 924
providing or arranging followup services to b e provided by a 925
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dentist for any additional services that exceed the dental 926
therapist's scope of practice or authorization under the 927
collaborative management agreement. 928
Section 15. Section 466.026, Florida Statutes, is amended 929
to read: 930
466.026 Prohibitions; penalties.— 931
(1) Each of the following acts constitutes a felony of the 932
third degree, punishable as provided in s. 775.082, s. 775.083, 933
or s. 775.084: 934
(a) Practicing dentistry , dental therapy, or dental 935
hygiene unless the person has an appropriat e, active license 936
issued by the department pursuant to this chapter. 937
(b) Using or attempting to use a license issued pursuant 938
to this chapter which license has been suspended or revoked. 939
(c) Knowingly employing any person to perform duties 940
outside the scope allowed such person under this chapter or the 941
rules of the board. 942
(d) Giving false or forged evidence to the department or 943
board for the purpose of obtaining a license. 944
(e) Selling or offering to sell a diploma conferring a 945
degree from a dental c ollege, or dental hygiene school or 946
college, or dental therapy school or college, or a license 947
issued pursuant to this chapter, or procuring such diploma or 948
license with intent that it will shall be used as evidence of 949
that which the document stands for, b y a person other than the 950
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
one upon whom it was conferred or to whom it was granted. 951
(2) Each of the following acts constitutes a misdemeanor 952
of the first degree, punishable as provided in s. 775.082 or s. 953
775.083: 954
(a) Using the name or title "dentist," the letters 955
"D.D.S." or "D.M.D.", or any other words, letters, title, or 956
descriptive matter which in any way represents a person as being 957
able to diagnose, treat, prescribe, or operate for any disease, 958
pain, deformity, deficiency, injury, or physical cond ition of 959
the teeth or jaws or oral -maxillofacial region unless the person 960
has an active dentist's license issued by the department 961
pursuant to this chapter. 962
(b) Using the name "dental hygienist" or the initials 963
"R.D.H." or otherwise holding herself or hi mself out as an 964
actively licensed dental hygienist or implying to any patient or 965
consumer that she or he is an actively licensed dental hygienist 966
unless that person has an active dental hygienist's license 967
issued by the department pursuant to this chapter. 968
(c) Using the name "dental therapist" or the initials 969
"D.T." or otherwise holding herself or himself out as an 970
actively licensed dental therapist or implying to any patient or 971
consumer that she or he is an actively licensed dental therapist 972
unless that person has an active dental therapist's license 973
issued by the department pursuant to this chapter. 974
(d)(c) Presenting as her or his own the license of 975
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
another. 976
(e)(d) Knowingly concealing information relative to 977
violations of this chapter. 978
(f)(e) Performing any services as a dental assistant as 979
defined herein, except in the office of a licensed dentist, 980
unless authorized by this chapter or by rule of the board. 981
Section 16. Paragraphs (b), (c), (g), (s), and (t) of 982
subsection (1) of section 466.028, Florida Statutes, are amended 983
to read: 984
466.028 Grounds for disciplinary action; action by the 985
board.— 986
(1) The following acts constitute grounds for denial of a 987
license or disciplinary action, as specified in s. 456.072(2): 988
(b) Having a license to pr actice dentistry, dental 989
therapy, or dental hygiene revoked, suspended, or otherwise 990
acted against, including the denial of licensure, by the 991
licensing authority of another state, territory, or country. 992
(c) Being convicted or found guilty of or entering a plea 993
of nolo contendere to, regardless of adjudication, a crime in 994
any jurisdiction which relates to the practice of dentistry , 995
dental therapy, or dental hygiene. A plea of nolo contendere 996
creates shall create a rebuttable presumption of guilt to the 997
underlying criminal charges. 998
(g) Aiding, assisting, procuring, or advising any 999
unlicensed person to practice dentistry , dental therapy, or 1000
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dental hygiene contrary to this chapter or to a rule of the 1001
department or the board. 1002
(s) Being unable to practice he r or his profession with 1003
reasonable skill and safety to patients by reason of illness or 1004
use of alcohol, drugs, narcotics, chemicals, or any other type 1005
of material or as a result of any mental or physical condition. 1006
In enforcing this paragraph, the departm ent shall have, upon a 1007
finding of the State Surgeon General or her or his designee that 1008
probable cause exists to believe that the licensee is unable to 1009
practice dentistry, dental therapy, or dental hygiene because of 1010
the reasons stated in this paragraph, has the authority to issue 1011
an order to compel a licensee to submit to a mental or physical 1012
examination by physicians designated by the department. If the 1013
licensee refuses to comply with such order, the department's 1014
order directing such examination may be en forced by filing a 1015
petition for enforcement in the circuit court where the licensee 1016
resides or does business. The licensee against whom the petition 1017
is filed may shall not be named or identified by initials in any 1018
public court records or documents, and the proceedings must 1019
shall be closed to the public. The department is shall be 1020
entitled to the summary procedure provided in s. 51.011. A 1021
licensee affected under this par agraph must shall at reasonable 1022
intervals be afforded an opportunity to demonstrate that she or 1023
he can resume the competent practice of her or his profession 1024
with reasonable skill and safety to patients. 1025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(t) Fraud, deceit, or misconduct in the practice o f 1026
dentistry, dental therapy, or dental hygiene. 1027
Section 17. Paragraphs (a) and (b) of subsection (1) of 1028
section 466.0285, Florida Statutes, are amended to read: 1029
466.0285 Proprietorship by nondentists. — 1030
(1) No person other than a dentist licensed pu rsuant to 1031
this chapter, nor any entity other than a professional 1032
corporation or limited liability company composed of dentists, 1033
may: 1034
(a) Employ a dentist , a dental therapist, or a dental 1035
hygienist in the operation of a dental office. 1036
(b) Control the use of any dental equipment or material 1037
while such equipment or material is being used for the provision 1038
of dental services, whether those services are provided by a 1039
dentist, a dental therapist, a dental hygienist, or a dental 1040
assistant. 1041
1042
Any lease agreement, rental agreement, or other arrangement 1043
between a nondentist and a dentist whereby the nondentist 1044
provides the dentist with dental equipment or dental materials 1045
shall contain a provision whereby the dentist expressly 1046
maintains complete care, custody, and control of the equipment 1047
or practice. 1048
Section 18. Paragraph (g) of subsection (3) of section 1049
921.0022, Florida Statutes, is amended to read: 1050
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
921.0022 Criminal Punishment Code; offense severity 1051
ranking chart.— 1052
(3) OFFENSE SEVERITY RANKING CHART 1053
(g) LEVEL 7 1054
1055
Florida
Statute
Felony
Degree Description
1056
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
1057
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
1058
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
1059
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
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1060
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
1061
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
1062
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
1063
456.065(2) 3rd Practicing a health care
profession without a license.
1064
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
1065
458.327(1) 3rd Practicing medicine without a
license.
1066
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459.013(1) 3rd Practicing osteopathic medicine
without a license.
1067
460.411(1) 3rd Practicing chiropractic
medicine without a license.
1068
461.012(1) 3rd Practicing podiatric medicine
without a license.
1069
462.17 3rd Practicing naturopathy without
a license.
1070
463.015(1) 3rd Practicing optometry without a
license.
1071
464.016(1) 3rd Practicing nursing without a
license.
1072
465.015(2) 3rd Practicing pharmacy without a
license.
1073
466.026(1) 3rd Practicing dentistry , dental
therapy, or dental hygiene
without a license.
1074
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
467.201 3rd Practicing midwifery without a
license.
1075
468.366 3rd Delivering respiratory care
services without a license.
1076
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
1077
483.901(7) 3rd Practicing medical physics
without a license.
1078
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
1079
484.053 3rd Dispensing hearing aids without
a license.
1080
494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
there were five or more
victims.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1081
560.123(8)(b)1. 3rd Failure to report currency or
payment instruments exceeding
$300 but less than $20,000 by a
money services business.
1082
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
1083
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
1084
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
1085
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
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1086
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
1087
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
1088
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
1089
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
1090
782.072 2nd Killing of a human being by the
operation of a vessel in a
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reckless manner (vessel
homicide).
1091
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
1092
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
1093
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
1094
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
1095
784.048(7) 3rd Aggravated stalking; violation
of court order.
1096
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1097
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1098
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
1099
784.081(1) 1st Aggravated battery on specified
official or employee.
1100
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
1101
784.083(1) 1st Aggravated battery on code
inspector.
1102
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
1103
787.06(3)(e)2. 1st Human trafficking using
coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
1104
790.07(4) 1st Specified weapons violation
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subsequent to previo us
conviction of s. 790.07(1) or
(2).
1105
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
1106
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
1107
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
1108
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
1109
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
1110
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790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
1111
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
1112
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
1113
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
1114
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
1115
800.04(5)(c)2. 2nd Lewd or lascivious molestation;
victim 12 years of age or older
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but younger than 16 years of
age; offender 18 years of age
or older.
1116
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
1117
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
1118
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
1119
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
1120
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
1121
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810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1122
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
semitrailer deployed by a law
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
1123
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
1124
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
1125
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency veh icle.
1126
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
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conviction of s.
812.014(2)(c)5.
1127
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
1128
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
1129
812.131(2)(a) 2nd Robbery by sudden snatching.
1130
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
1131
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
1132
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
1133
817.234(9) 2nd Organizing, planning, or
participating in an intentional
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motor vehicle collision.
1134
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
1135
817.2341
(2)(b) &
(3)(b)
1st Making false entries of
material fact or false
statements regarding property
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
1136
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
1137
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
1138
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1139
817.611(2)(b) 2nd Traffic in or possess 15 to 49
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counterfeit credit cards or
related documents.
1140
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
1141
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
1142
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
1143
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1144
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
1145
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827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
1146
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
1147
838.015 2nd Bribery.
1148
838.016 2nd Unlawful compensation or reward
for official behavior.
1149
838.021(3)(a) 2nd Unlawful harm to a public
servant.
1150
838.22 2nd Bid tampering.
1151
843.0855(2) 3rd Impersonation of a public
officer or employee.
1152
843.0855(3) 3rd Unlawful simulation of legal
process.
1153
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843.0855(4) 3rd Intimidation of a public
officer or employee.
1154
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
1155
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
1156
872.06 2nd Abuse of a dead human body.
1157
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
1158
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
1159
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
prohibited under s.
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893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
1160
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
1161
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
1162
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
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1163
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
1164
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
1165
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
1166
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
1167
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
1168
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
1169
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893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
1170
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
1171
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
1172
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
1173
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
1174
893.135
(1)(h)1.a.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1175
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893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
1176
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
1177
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
1178
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
1179
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
1180
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
1181
896.101(5)(a) 3rd Money laundering, financial
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transactions exceeding $300 but
less than $20,000.
1182
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
1183
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
1184
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
1185
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
1186
943.0435(13) 3rd Failure to report or providing
false information about a
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sexual offender; harbor or
conceal a sexual offender.
1187
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1188
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
1189
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1190
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1191
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
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verification; providing false
registration information.
1192
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1193
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1194
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1195
Section 19. The Department of Health, in consultation with 1196
the Board of Dentistry and the Agency for Health Care 1197
Administration, shall subm it a progress report to the President 1198
of the Senate and the Speaker of the House of Representatives by 1199
July 1, 2028, and a final report 4 years after the first dental 1200
therapy license is issued. The reports must include all of the 1201
following information and recommendations: 1202
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(1) The progress that has been made in this state to 1203
implement dental therapy training programs, licensing, and 1204
Medicaid reimbursement. 1205
(2) Data demonstrating the effects of dental therapy in 1206
this state on all of the following: 1207
(a) Patient access to dental services. 1208
(b) Costs to dental providers, patients, dental insurance 1209
carriers, and the state. 1210
(c) The quality and safety of dental services. 1211
(3) Specific recommendations for any necessary 1212
legislative, administrative, or regulat ory reform relating to 1213
the practice of dental therapy. 1214
(4) Any other information the department deems 1215
appropriate. 1216
Section 20. This act shall take effect July 1, 2025. 1217