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
HB 1163 2023
1 A bill to be entitled
2 An act relating to dental licensure examinations and
3 regulations; amending s. 466.006, F.S.; revising
4 licensure examination requirements for dentists;
5 amending s. 466.009, F.S.; revising reexamination
6 requirements; amending s. 466.0135, F.S.; revising
7 continuing education requirements; repealing s.
8 466.0282, F.S., relating to holding oneself out as a
9 dentist specialist; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (1), subsection
14 (2), paragraph (b) of subsection (4), and subsections (5) and
15 (6) of section 466.006, Florida Statutes, are amended to read:
16 466.006 Examination of dentists.—
17 (1)
18 (b) Any person desiring to be licensed as a dentist shall
19 apply to the department to take the licensure examinations and
20 shall verify the information required on the application by
21 oath. The application shall include two recent photographs.
22 There shall be an application fee set by the board not to exceed
23 $100 which shall be nonrefundable. There shall also be an
24 examination fee set by the board, which shall not exceed $425
25 plus the actual per applicant cost to the department for
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26 purchase of some or all of the examination from the American
27 Board of Dental Examiners or its successor entity, if any,
28 provided the board finds the successor entity's clinical
29 examination complies with the provisions of this section. The
30 examination fee may be refundable if the applicant is found
31 ineligible to take the examinations.
32 (2) The department shall issue a license to an applicant
33 who the board certifies has met the following requirements An
34 applicant shall be entitled to take the examinations required i n
35 this section to practice dentistry in this state if the
36 applicant:
37 (a) Is 18 years of age or older.
38 (b)1. Is a graduate of a dental school accredited by the
39 American Dental Association Commission on Dental Accreditation
40 or its successor entity, if any, or any other dental accrediting
41 entity recognized by the United States Department of Education;
42 or
43 2. Is a dental student in the final year of a program at
44 such an accredited dental school who has completed all the
45 coursework necessary to prepare the student to perform the
46 clinical and diagnostic procedures required to pass the
47 examinations. With respect to a dental student in the final year
48 of a program at a dental school, a passing score on the
49 examinations is valid for 365 days after the date the
50 examinations were completed. A dental school student who takes
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51 the licensure examinations during the student's final year of an
52 approved dental school must have graduated before being
53 certified for licensure pursuant to s. 466.011.
54 (c)1. Has successfully completed the examination
55 administered by the Joint Commission on National Dental
56 Examinations or its successor organization. National Board of
57 Dental Examiners dental examination; or
58 2. Has an active health access dental license in this
59 state; and
60 a. The applicant has at least 5,000 hours within 4
61 consecutive years of clinical practice experience providing
62 direct patient care in a health access setting as defined in s.
63 466.003; the applicant is a retired veteran dentist of any
64 branch of the United States Armed Services who has practiced
65 dentistry while on active duty and has at least 3,000 hours
66 within 3 consecutive years of clinical practice experience
67 providing direct patient care in a health access setting as
68 defined in s. 466.003; or the applicant has provided a portion
69 of his or her salaried time teaching health profession students
70 in any public education setting, including, but not limited to,
71 a community college, college, or university, and has at least
72 3,000 hours within 3 consecutive years of clinical practice
73 experience providing direct patient care in a health access
74 setting as defined in s. 466.003;
75 b. The applicant has not been disciplined by the board,
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76 except for citation offenses or minor violations;
77 c. The applicant has not filed a report pursuant to s.
78 456.049; and
79 d. The applicant has not been convicted of or pled nolo
80 contendere to, regardless of adjudication, any felony or
81 misdemeanor related to the practice of a health care profession.
82 (4) Notwithstanding any other provision of law in chapter
83 456 pertaining to the clinical dental licensure examination or
84 national examinations, to be licensed as a dentist in this
85 state, an applicant must successfully complete both of the
86 following:
87 (b) A practical or clinical examination, which must be the
88 American Dental Licensing Examination produced by the American
89 Board of Dental Examiners, Inc., or its successor entity, if
90 any, that is administered in this state, provided that the board
91 has attained, and continues to maintain thereafter,
92 representation on the board of directors of the American Board
93 of Dental Examiners, the examination development committee of
94 the American Board of Dental Examiners, and such other
95 committees of the American Board of Dental Examiners as the
96 board deems appropriate by rule to assure that the standards
97 established herein are maintained organizationally. A passing
98 score on the American Dental Licensing Examination administered
99 in this state is valid for 365 days after the date the official
100 examination results are published.
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101 1. As an alternative to such practical or clinical
102 examination, an applicant may submit scores from an American
103 Dental Licensing Examination previously administered in a
104 jurisdiction other than this state after October 1, 2011, and
105 such examination results shall be recognized as valid for the
106 purpose of licensure in this state. A passing score on the
107 American Dental Licensing Examination administered out of state
108 shall be the same as the passing score for the American Dental
109 Licensing Examination administered in this state. The
110 examination results are valid for 365 days after the date the
111 official examination results are published. The applicant must
112 have completed the examination after October 1, 2011. This
113 subparagraph may not be given retroactive application.
114 2. If the date of an applicant's passing American Dental
115 Licensing Examination scores from an examination previously
116 administered in a jurisdiction other than this state under
117 subparagraph 1. is older than 365 days, such scores are
118 nevertheless valid for the purpose of licensure in this state,
119 but only if the applicant demonstrates that all of the following
120 additional standards have been met:
121 a. The applicant completed the American Dental Licensing
122 Examination after October 1, 2011. This sub-subparagraph may not
123 be given retroactive application;
124 b. The applicant graduated from a dental school accredited
125 by the American Dental Association Commission on Dental
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126 Accreditation or its successor entity, if any, or any other
127 dental accrediting organization recognized by the United States
128 Department of Education. Provided, however, if the applicant did
129 not graduate from such a dental school, the applicant may submit
130 proof of having successfully completed a full-time supplemental
131 general dentistry program accredited by the American Dental
132 Association Commission on Dental Accreditation of at least 2
133 consecutive academic years at such accredited sponsoring
134 institution. Such program must provide didactic and clinical
135 education at the level of a D.D.S. or D.M.D. program accredited
136 by the American Dental Association Commission on Dental
137 Accreditation. For purposes of this sub-subparagraph, a
138 supplemental general dentistry program does not include an
139 advanced education program in a dental specialty;
140 c. The applicant currently possesses a valid and active
141 dental license in good standing, with no restriction, which has
142 never been revoked, suspended, restricted, or otherwise
143 disciplined, from another state or territory of the United
144 States, the District of Columbia, or the Commonwealth of Puerto
145 Rico;
146 d. The applicant submits proof that he or she has never
147 been reported to the National Practitioner Data Bank, the
148 Healthcare Integrity and Protection Data Bank, or the American
149 Association of Dental Boards Clearinghouse. This sub-
150 subparagraph does not apply if the applicant successfully
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151 appealed to have his or her name removed from the data banks of
152 these agencies;
153 e.(I)(A) The applicant submits proof of having been
154 consecutively engaged in the full-time practice of dentistry in
155 another state or territory of the United States, the District of
156 Columbia, or the Commonwealth of Puerto Rico in the 5 years
157 immediately preceding the date of application for licensure in
158 this state; or
159 (B) If the applicant has been licensed in another state or
160 territory of the United States, the District of Columbia, or the
161 Commonwealth of Puerto Rico for less than 5 years, the applicant
162 submits proof of having been engaged in the full-time practice
163 of dentistry since the date of his or her initial licensure.
164 (II) As used in this section, "full-time practice" is
165 defined as a minimum of 1,200 hours per year for each and every
166 year in the consecutive 5-year period or, when applicable, the
167 period since initial licensure, and must include any combination
168 of the following:
169 (A) Active clinical practice of dentistry providing direct
170 patient care.
171 (B) Full-time practice as a faculty member employed by a
172 dental or dental hygiene school approved by the board or
173 accredited by the American Dental Association Commission on
174 Dental Accreditation.
175 (C) Full-time practice as a student at a postgraduate
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176 dental education program approved by the board or accredited by
177 the American Dental Association Commission on Dental
178 Accreditation.
179
180 The board may excuse an applicant from the 1,200-hour
181 requirement in the event of an unusual circumstance, an
182 emergency, or a special hardship.
183 (III) The board shall develop rules to determine what type
184 of proof of full-time practice is required and to recoup the
185 cost to the board of verifying full-time practice under this
186 section. Such proof must, at a minimum, be:
187 (A) Admissible as evidence in an administrative
188 proceeding;
189 (B) Submitted in writing;
190 (C) Submitted by the applicant under oath with penalties
191 of perjury attached;
192 (C)(D) Further documented by an applicant's annual income
193 tax return filed with the Internal Revenue Service for the last
194 5 years or, when applicable, the period since initial licensure
195 affidavit of someone unrelated to the applicant who is familiar
196 with the applicant's practice and testifies with particularity
197 that the applicant has been engaged in full-time practice; and
198 (D)(E) Specifically found by the board to be both credible
199 and admissible.
200 (IV) An affidavit of only the applicant is not acceptable
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201 proof of full-time practice unless it is further attested to by
202 someone unrelated to the applicant who has personal knowledge of
203 the applicant's practice. If the board deems it necessary to
204 assess credibility or accuracy, the board may require the
205 applicant or the applicant's witnesses to appear before the
206 board and give oral testimony under oath;
207 f. The applicant submits documentation that he or she has
208 completed, or will complete before he or she is licensed in this
209 state, continuing education equivalent to this state's
210 requirements for the last full reporting biennium;
211 g. The applicant proves that he or she has never been
212 convicted of, or pled nolo contendere to, regardless of
213 adjudication, any felony or misdemeanor related to th e practice
214 of a health care profession in any jurisdiction;
215 h. The applicant has successfully passed a written
216 examination on the laws and rules of this state regulating the
217 practice of dent