Gao manual web updated spread

M EMBER

M A N U A L

lcd

Legislative Contact dentist program

gac

Governmental Action c o m m i t t e e

fdapac

FDA’S GOVERNMENTAL ACTION COMMITTEE

CONTENTS ●● FDA’s Governmental Action Committee 1

viding guidance when necessary.

●● The LCD Program and Building Relationships with Legislators 3

What is the GAC?

●● Florida Dental Association Political Action Committee (FDAPAC), Campaigning and Fundraising 5 ●● Florida’s Legislative Branch/Legislative Session 8 ●● Florida’s Executive Branch 11 ●● Publications and the Legislative Action Center 13

38

●● The GAC’s vested authority is outlined in Chapter IX, Section 80, A3 of the FDA’s Bylaws.

●● The GAC is a standing committee of the Board of Trustees (BOT).

●● As stated earlier, the GAC is responsible for monitoring and directing the association’s activities and positions on regulatory and legislative matters. Instances in which the policy provides clear and unambiguous direction, the GAC instructs the appropriate volunteer and/or staff to advocate appropriately.

Who are the GAC Volunteers?

●● Appendix C: LCD, GAC and FDAPAC Members by Component 45

The GAC consists of 10 voting members:

●● Appendix D: Campaign Tool Kit 48

●● the FDA president (chairs the committee and votes only in the case of a tie)

●● Appendix E: Component and Affiliate Contacts 51

●● one representative from each of the six components

●● Appendix F: How an FDA Idea Becomes a Law 54

●● the FDA’s chief liaison to the Board of Dentistry (BOD)

FDA’S GOVERNMENTAL AFFAIRS OFFICE (GAO) What Does the GAO Do? ●● The Florida Dental Association’s (FDA) Governmental Affairs Office (GAO) staff serves as staff support to:

●● the president-elect of the FDA

Who are the GAO Staff?

Joe Anne Hart, Director of Governmental Affairs Email: jahart@floridadental.org

o Governmental Action Committee (GAC)

Casey Stoutamire, Lobbyist Email: cstoutamire@floridadental.org

o Florida Dental Association Political Action Committee (FDAPAC)

Alexandra Abboud, Governmental Affairs Coordinator Email: aabboud@floridadental.org

o Council on Dental Education and Licensure (CDEL)

Where is the GAO Office Located?

o Council on Dental Health (CDH) o FDA Legislative Contact Dentists (LCD) Program o Dentists’ Day on the Hill (DDOH) — in conjunction with the Alliance of the FDA

The GAO office is located in a separate building from the FDA’s main office. The GAO is across the street from the Capitol and is located at: 118 East Jefferson St. Tallahassee, FL 32301 850.224.1089 800.326.0051 fax: 850.224.7058

The GAC’s Authority

●● GAC is an acronym for the Governmental Action Committee.

●● The GAC is responsible for monitoring and directing the association’s activities and positions on regulatory and legislative matters.

●● Appendix A: FDA Bylaws (Current as of June 2014) 15 ●● Appendix B: 2014 Legislative Issues

gac

●● the immediate past president of the FDA The GAC also consists of consultants — non-voting members of the GAC appointed at the discretion of the GAC chair.

Who are the GAC’s Professional Support Staff?

Professional staff support for the GAC: ●● The FDA’s director of governmental affairs is the primary staff person to the GAC. ●● FDA lobbyists supplement the knowledge and advice proffered by the director of governmental affairs. ●● The FDA’s governmental affairs coordinator monitors the GAC and assists the director of governmental affairs and lobbyists as needed. ●● The FDA’s executive director and chief legal counsel attend and monitor GAC meetings, pro-

Members Manual: LCD, GAC & FDAPAC

●● There may be instances when policy is not clear and/or ambiguous. o When GAC action that is deemed essential is either contrary to or not currently addressed by association policy or strategic guidelines: ◗◗ if time permits, the GAC is charged with seeking appropriate guidance from the BOT or House of Delegates (HOD). ◗◗ if time does not permit, the GAC may establish interim policy and immediately inform the BOT, Speaker of the House and the Council on Ethics, Bylaws and Judicial Affairs. o **See Appendix A to view the section of the FDA’s Bylaws that govern the GAC.

GAC Mentors ●● New members of the GAC are assigned a mentor to assist in understanding the role of the GAC, in addition to ensuring the understanding of the policy position outlined by the BOT and/ or HOD. ●● Mentors are usually current BOT members with previous GAC experience. ●● It is important that the GAC mentor communicates regularly with the new GAC member to help them stay abreast of the FDA’s

1

FDA’S GOVERNMENTAL ACTION COMMITTEE (CONT.) policy developments.

Confidentiality ●● CONFIDENTIALITY is crucial! ●● GAC meetings often are peppered with discussions about legislators, BOD issues and other policy decisions. ●● Opinions regarding individual policy maker’s positions and motives are discussed openly and freely. ●● In addition, strategy relating to advocating the FDA’s position to the BOD and the Legislature is discussed in great detail. ●● It is imperative that many of these discussions remain CONFIDENTIAL! If in doubt, keep all discussions confidential unless it has been determined otherwise from the GAC chair or

FDA staff.

Determining a Position ●● During a GAC conference call or face-to-face meeting, you will hear an issue presented by a GAC member, FDA lobbyist or the FDA’s BOD liaison. The GAC will then determine what the FDA’s position should be relative to the issue presented after discussing the relevant factors including: o existing FDA policy. o emergency nature of action needed. o FDA member expectations. o the political landscape. o chance of success. o costs of success. ●● Once the FDA’s position is determined, the appropriate volunteers and staff are provided the direction to advocate and this information is shared with FDA members (when appropriate and necessary). ●● The FDA’s position on issues and legislation is written down in a document called the FDA’s Legislative Issues Sheet. This document is located on the FDA website. o This document is updated frequently, so remember to check the website for an updated copy. o **See Appendix B for an example of the FDA’s 2014 Legislative Issues Sheet.

THE LCD PROGRAM AND BUILDING RELATIONSHIPS WITH LEGISLATORS The LCD Program and the Recruitment of New LCDs ●● The GAC oversees the FDA’s Legislative Contact Dentist (LCD) Program. The LCD Program is comprised of FDA-member dentists who are actively involved in building and strengthening their relationships with state legislators and other policy makers. ●● A member becomes an LCD in one of two ways: o A legislator gave the FDA their name as a constituent dentist and requested that they be on his or her team (FDA staff confirms that the recommended dentist is an FDA member), or o They volunteered to be an LCD. ●● The LCD Program’s goal is for dentists to deliver a unified message to the Florida Capitol on the dental profession’s behalf. Organized dentistry’s political success depends directly on the leadership and strength of LCD teams statewide. ●● The GAC reviews the list of LCDs each year to ensure that every legislator has a dental contact. If there is not an LCD for a legislator, it is the job of the GAC to assist in finding a dental contact. The GAC considers the FDA members in the legislator’s district and contacts a dentist to see if he or she would be interested in serving as an LCD. ●● During interim committee weeks and legislative session, an LCD’s access to a legislator serves an important role. LCDs may be called upon to meet or contact their legislator regarding a specific policy. It is beneficial for a legislator to hear about policy directly from someone whose profession it would affect. LCDs help offer tangible aspects of the FDA’s legislative agenda. ●● LCDs are offered the opportunity to meet with legislators during LCD Capitol Visits, which take place during interim committee weeks before legislative session starts. Here, LCDs help disseminate the FDA’s legislative agenda by providing real world examples and relat-

2

Members Manual: LCD, GAC & FDAPAC

Members Manual: LCD, GAC & FDAPAC

lcd

able information to legislators. LCD Capitol Visits are coordinated by the GAO staff. Travel reimbursement is available for member dentists who participate in LCD Capitol Visits (based on available budget). LCD Capitol Visits are not a requirement, but highly encouraged. ●● Some ways LCDs get involved in organized dentistry are by: o learning how legislative and political processes are structured. o learning and familiarizing themselves with the FDA’s legislative issues and priorities. o reading Capital Report. o strengthening their relationship with their legislator(s) by scheduling a meeting with him or her. o inviting their legislator(s) to tour their office. o asking their legislator(s) if he or she would like an opportunity to speak at their local dental society meetings. o holding an annual legislative reception before a local dental society meeting and inviting legislators to attend. o visiting the district office of their legislator(s). o taking action when they receive a legislative alert from the GAO. The alert will ask them to call, write or email their legislator(s) and request support for or opposition to a legislative issue. o submitting articles about their grassroots activities to the GAO for publication in the LCD Exchange Newsletter. o attending Dentists’ Day on the Hill and/or LCD Capitol Visits. o hosting or co-hosting a fundraiser for their legislator(s).

3

THE LCD PROGRAM AND BUILDING RELATIONSHIPS WITH LEGISLATORS (CONT.) ●● When educating legislators on dental-related issues, it is helpful for the LCD, GAC and FDAPAC members to work together and present a united front. The GAO has created a tool to make this process easier. The LCD, GAC and FDAPAC Member List by District Dental Component can be used to determine which members live in which district and would be willing to help coordinate legislative efforts. o **See Appendix C for a copy of the current list of LCD, GAC and FDAPAC members.

Building Relationships with Legislators ●● LCDs are encouraged to meet with their legislator in their district before legislative session convenes. This shows the legislator that as a constituent, the LCD took the time to meet with them. This small act can make a big difference when it comes time for a legislator to vote on dental-related issues. ●● Suggestions for effective meetings are: o Call the legislator’s office directly to request an appointment.

o If a question is asked and the answer is unknown, do not provide misinformation; instead, let the legislator know that you will look into it for them. Follow up with the GAO to discuss the question and GAO staff will help with offering a response. o If a legislator disagrees with the FDA’s views on a certain issue, that is okay. He or she may support the FDA on another issue.

Remember, despite any disagreement on a position, respect toward a legislator is of the utmost importance. o Follow up with the GAO staff after a meeting with a legislator. Let the staff know what was discussed or any concerns voiced by the legislator. ●● It is important to stay in touch with any assigned legislators. This communication could be through a number of mediums: responding to legislative alerts, attending a fundraiser, meeting with legislators on Dentists’ Day on the Hill or LCD Capitol Visits, or simply calling or emailing the legislator.

o If a legislator cannot meet, meeting with a legislator’s aide is a viable option. Legislative aides are important as they are the gatekeepers and counselors to the legislators.

FLORIDA DENTAL ASSOCIATION POLITICAL ACTION COMMITTEE (FDAPAC), CAMPAIGNING AND FUNDRAISING Florida Dental Association Political Action Committee (FDAPAC) ●● The FDA’s political action committee, FDAPAC, enables organized dentistry to have a personal involvement in campaigns. ●● Political action committee (PAC) dollars are an investment in the legislative process and the future of organized dentistry. ●● FDAPAC is administered by a Board of Directors with dentist representation from each dental component across the state. ●● A brochure announcing the FDAPAC-supported candidates is included in Today’s FDA before the primary and general elections. ●● FDAPAC membership is included in annual FDA dues and is a member benefit. Optional membership in the FDAPAC Century Club helps to strengthen FDAPAC through members’ commitment. o Century Club membership is critical in ensuring that organized dentistry has a strong voice in the legislative process. An individual may pledge to become a Century Club member on the annual FDA dues statement or at any time by completing a Century Club membership pledge card. o Century Club membership is $150 or more. ●● FDAPAC dollars and our strong political action committee:

o Know the FDA’s position on issues before the meeting. Gather facts from the GAO about the background and position on certain issues so that the meeting will be as effective as possible.

o support pro-dental candidates for election to the Florida Legislature and statewide offices.

fdapac

Political Fundraising ●● The FDA often is asked by state Senate and House candidates to contribute to or to host a fundraiser. When the FDA receives such a request from a dental-friendly candidate, FDA lobbyists reach out to LCDs or FDA members in the candidate’s district to help raise local dental dollars. Additionally, the FDAPAC Board of Directors periodically meets to determine which candidates should receive an FDAPAC campaign contribution. ●● FDA members’ contributions to FDAPAC are vital in order to significantly contribute to numerous campaigns. Keep in mind that other health care professions and insurance companies also have PACs and have a history of contributing large amounts to candidates, particularly candidates who are in leadership positions and influence health care policy and legislation. ●● Candidate contributions are limited to $1,000 per election cycle for Senate and House candidates. This means that currently, FDAPAC may contribute $1,000 to a candidate’s primary election and then another $1,000 to the same candidate’s general election (after the primary election occurs). FDAPAC contributions are provided in increments of $500 for House and Senate candidates. For statewide campaigns, such as Cabinet members, campaign contribution limits are $3,000 per cycle. These campaign contributions also include in-kind contributions (food and beverages for fundraisers hosted at the FDA’s GAO). The ability to host such events at the FDA’s GAO highlights organized dentistry’s participation in the process.

o provide education and information to candidates for political office, including elected decision-makers. o mobilize Florida dentists for grassroots political involvement.

4

Members Manual: LCD, GAC & FDAPAC

Members Manual: LCD, GAC & FDAPAC

5

FLORIDA DENTAL ASSOCIATION POLITICAL ACTION COMMITTEE (FDAPAC), CAMPAIGNING AND FUNDRAISING (CONT.) Participating in Campaigns ●● Involvement in a political campaign can be an excellent opportunity to forge relationships on a statewide and local level. ●● If a legislator is terming out of public office, there is an opportunity to participate in another candidate’s campaign and to create a new relationship. ●● The GAO and the FDAPAC Board of Directors look to local dentists for their advice on the local political scene. ●● There is an opportunity to help deliver FDAPAC campaign contributions to a legislator. ●● When delivering a check, it is important to remember to emphasize that the contribution is from FDA-member dentists throughout Florida. ●● Other ways to become involved in campaigns include: o holding a neighborhood “meet and greet.” o inviting a legislator or candidate to a dental office to meet your staff. o serving as a host or co-host for a fundraiser. o volunteering to help in the legislator’s campaign. This could include placing yard signs, offering billboard space in front of a dental office, etc. o offering to let campaign workers use a dental office after hours to call voters. o placing campaign signs and/or literature at a dental office or at home. o sending postcards to patients encouraging them to vote. ●● The GAO has created a Campaign Tool Kit in order to assist member dentists in participating in a campaign or hosting a fundraiser. o

6

Empowering Campaign ●● In an effort to strengthen the political and legislative effectiveness of the FDA — as well as the ties between FDAPAC, GAC and LCD members — a coordinated “empowering” effort of the FDAPAC Board will target component and affiliate leaders, in junction with GAC members and LCDs, to drill down specific dates, places and locations for recruitment opportunities. ●● Areas to be improved: o Increase Century Club Membership ◗◗ The FDAPAC Century Club is critical in strengthening the dental profession with a unified political voice in Tallahassee. The additional contribution of at least $150 annually over the mandatory FDAPAC dues helps to increase the power of FDAPAC’s statewide efforts. This includes continuing the progression of effective policy decisions that maintain patients’ safety, as well as ensures the integrity of organized dentistry.

o Increase Capitol Step Club Membership ◗◗ The Capitol Step Club offers Florida dentists the opportunity to make a difference for pro-dental candidates running for office at a much smaller commitment level. Dentists agree to be solicited for a one-time per election pledge of a minimum of $25, up to a maximum of $500, to a dental-friendly candidate anytime between June and November of that election year. Although there is no remuneration for responding to the pledge or penalty for failing to respond, participation in this program will enhance dentistry’s political presence in Tallahassee. ●● **See Appendix E for a current list of the six components with executive directors and the 32 affiliate dental societies; as well as the FDAPAC and GAC representatives of the FDA.

o Increase Capital Hill Club Membership ◗◗ The Capital Hill Club offers Florida dentists an additional opportunity to make a difference for pro-dental candidates running for the Florida Legislature, by agreeing to be solicited for a one-time per election pledge of $500 to a proven friend of dentistry anytime between June and November of that election year. Although there is no remuneration for responding to the pledge or penalty for failing to respond, participation in this program will enhance dentistry’s political presence in Tallahassee.

**See Appendix D for a copy of the Campaign Tool Kit.

Members Manual: LCD, GAC & FDAPAC

Members Manual: LCD, GAC & FDAPAC

7

FLORIDA’S LEGISLATIVE BRANCH/LEGISLATIVE SESSION Session ●● Florida’s constitution sets the start of legislative session as the first Tuesday after the first Monday in March (except in reapportionment years — Legislature then meets in January). o Legislative session is set to last for 60 days. o Special sessions are called as needed. o The only bill the Legislature is required to pass during the legislative session is the state’s budget bill. By law, the state budget must be balanced. ●● During session, the GAC: o meets weekly by conference call at 7:30 a.m. EST. ◗◗ Conference calls consist of weekly updates on FDA priorities, the status of bills and other issues impacting dentistry. o engages in planning and strategizing how to move FDA-supported legislation through the legislative process. o must remember that discretion and confidentiality is highly exercised during conference calls to ensure the integrity of the decisions made by the group.

Dentists’ Day on the Hill (DDOH) ●● During legislative session, a day is designated for FDA-member dentists to travel to Tallahassee to lobby their legislators. ●● DDOH is a great opportunity for organized dentistry to show unified support for the FDA’s legislative agenda. ●● There is a legislative briefing/reception the evening before to prepare the dentists on the specific issues they need to focus on during their meetings with legislators. ●● Legislators may be invited to attend the legislative briefing to greet dentists and provide additional direction/information for their visits.

8

●● The Alliance of the FDA financially supports DDOH and coordinates planning efforts with the GAO. ●● The GAC determines the specific issues dentists will focus on during their meetings with legislators. ●● These issues are included on the “Thumbs up/ Thumbs down” cards that are left behind after meeting with legislators.

Overview of the Legislative Process ●● House Organizational Structure o House speaker ◗◗ House majority leader and House majority whip ◗◗ House Democratic leader and House democratic leader pro tempore ●● Senate Organizational Structure o Senate president ◗◗ Senate majority leader and Senate majority leader pro tempore ◗◗ Senate Democratic leader and Senate Democratic leader pro tempore ●● How does a bill become a law? o A committee studies the bill and often will hold a public hearing on the bill. o A favorable report out of all of its committees of reference places the bill on the calendar to be considered and debated on the floor by the entire body. o The bill is subject to a second reading and amendments and then a third reading before final passage off the floor (either House or Senate). o Identical bills must pass off the floor of the House and Senate to be final and then considered by the governor.

o If the governor doesn’t act upon a bill within seven days (during session) or 15 days (after session), the bill can become law without his/her signature. ●● Testifying before a committee: o Lobbyists routinely testify on legislative issues before House and Senate committees. o The basic rule of thumb is to ALWAYS meet with the bill sponsor FIRST (if possible) before testifying AGAINST his/her bill.

This gives the bill sponsor an opportunity to discuss the merits of his/her bill in a closed meeting and possibly fix an unintended issue. o FDA-member dentists may be asked to testify before a committee on a specific bill or issue that may impact dentistry. o FDA lobbyists will provide talking points and background information for dentists before they have to speak before the committee. ●● Role of Professional Lobbyists: o Professional lobbyists are registered with the state of Florida to lobby on behalf of a principle (client/association). o Professional lobbyists are paid to provide a service on behalf of their client/association and typically have a unique relationship with the legislators and key staff. The FDA relies upon its professional lobbyists for advice on how to present information to key decision makers and to identify the appropriate individuals who need to be lobbied. o Though the professional lobbyists are active throughout the year, they often rely on dental volunteer networks to reinforce their credentials as representatives of the FDA and provide the local, expert opinion on issues.

o The governor can sign the bill, veto the bill or let the bill become law without his signature.

Members Manual: LCD, GAC & FDAPAC

Members Manual: LCD, GAC & FDAPAC

o Due to the intense nature of the waning days and the need for real-time information, professional lobbyists are used almost exclusively to navigate the treacherous final days of session. ●● Legislative Contact Dentists (LCD) Program: o FDA-member dentists can volunteer to serve as an LCD to help educate legislators on dental issues. o The LCD Program’s goal is for dentists to deliver a uniform message to Florida’s lawmakers on behalf of organized dentistry. ●● LCD Capitol Visits: o LCD members are invited to travel to Tallahassee during interim committee meetings, sometimes months prior to session, to meet with members of the Legislature to advocate the FDA’s legislative agenda. o A limited number of dentists are able to have all of their travel expenses reimbursed by the FDA. o This gives our dentists an opportunity to help educate key legislators before session starts. o Legislators want to hear about dental issues directly from their constituents.

LCD Capitol Visits are effective and legislators appreciate the time dentists take to travel to Tallahassee. ●● Legislative Alerts: o During legislative session, LCD members may be asked to contact their assigned legislator to give direction on a specific issue coming up for a vote (either to support or oppose). o Legislative alerts are time-sensitive and usually require immediate attention and immediate action. o Many times the legislative alert will contain specific information for dentists to include in their correspondence to legislators.

9

FLORIDA’S LEGISLATIVE BRANCH/LEGISLATIVE SESSION (CONT.) Legislative Jargon ●● Committees o There will always be specific House and Senate committees that FDA lobbyists will target. These are the health care committees and the budget committees. o Senate Committees: ◗◗ Health Policy Committee ◗◗ Appropriations Committee

●● Floor: once a bill is approved in all of its committees of reference, it is available to be heard on the floor and be considered by the full House/Senate members. ●● PCB/PCS: PCB stands for “proposed committee bill” and PCS stands for “proposed committee substitute.” ●● CS: stands for “committee substitute.” ●● TP: stands for “temporarily postponed” or “temporarily passed.”

• Appropriations Subcommittee on Health and Human Services o House Committees: ◗◗ Health and Human Services Committee

FLORIDA’S EXECUTIVE BRANCH Board of Dentistry ●● The Florida Board of Dentistry (BOD) possesses broad oversight over the practice of dentistry in many aspects including licensure, discipline, delegable duties, continuing education, anesthesia permitting, etc. ●● The BOD’s authority includes oversight of dentists, dental hygienists, and to a certain extent dental assistants and registration of dental labs. ●● Board members are appointed by the governor for four-year staggered-terms and are confirmed by the Senate during the next legislative session.

BOD members are allowed two consecutive terms, but may not serve more than 10 years total. ●● There are 11 BOD members (one member must be over 60 years of age):

• Health Innovation Subcommittee • Health Quality Subcommittee

o seven dentists

◗◗ Appropriations Committee

o two hygienists

• Health Care Appropriations Subcommittee

o two consumer members ●● The FDA often submits a letter of support to the governor’s appointment office on behalf of individuals we support to serve on the BOD.

◗◗ Select Committee on Health Care Workforce Innovation o Bills are typically assigned certain committees that they must go through before full consideration on the floor.

●● BOD meetings are conducted in a public setting. There are four to five face-to-face BOD meetings yearly, which normally occur on a Friday. There are several BOD subcommittees, including: the hygiene council, the rules committee, the anesthesia committee, etc. The subcommittees normally meet via conference call and make recommendations for the full BOD to consider for final approval. ●● The FDA registers both staff and dentists as “Executive Branch Lobbyists” to ensure that the FDA is well-represented at all BOD meetings.

There is a BOD liaison chosen for this purpose who attends all BOD meetings, as well as a governmental affairs staff person. The FDA president or their officer designee also attends BOD meetings, when available.

10

Members Manual: LCD, GAC & FDAPAC

Members Manual: LCD, GAC & FDAPAC

●● The GAC normally meets two Tuesdays prior to the BOD meeting via conference call to review the BOD agenda and determine if any position or action needs to be taken on any specific issue.

GAC members serve as contact dentists to BOD members and are sometimes asked to contact their specific BOD member prior to the meeting to express the FDA’s position. There also is a tentative second GAC call the following Tuesday to re-group after assignments are completed.

The FDA president, BOD liaison and staff then continue to lobby BOD members before and during the BOD meeting. A detailed summary of the BOD meeting is prepared by staff and sent to the GAC and the Board of Trustees (BOT) and published in Today’s FDA. ●● The FDA maintains a professional working relationship with the BOD and, although there may be differing opinions at times with some BOD recommendations and rules, the BOD often seeks assistance from the FDA in communicating urgent regulatory compliance information to FDA members. ●● Many proposed administrative rules are suggested by the BOD to further implement Florida statutes regulating the dental profession. The administrative rule process is lengthy and sometimes complicated. The process includes: o a notice of rule development o a notice of proposed rules o an opportunity to challenge proposed rules o and eventually, a final notice when the rule becomes effective. ●● The GAC reviews all proposed rules and makes suggested changes that comply with existing FDA policy. If there is no FDA policy on a specific item, the FDA BOT is allowed to create “interim policy;” however, it is subject to final FDA HOD approval.

11

FLORIDA’S EXECUTIVE BRANCH (CONT.)

PUBLICATIONS AND THE LEGISLATIVE ACTION CENTER

The Florida Department of Health

Member Communications and Publications

●● The Florida Department of Health (DOH) administratively houses all regulatory health care professional boards, including the BOD, within the Division of Medical Quality Assurance (MQA). Their actions often impact or dictate what actions the BOD must pursue, particularly with the coordination of rules that impact multiple health care boards. They also regulate and inspect more than 1,000 dental labs. ●● The DOH also oversees the state’s county health departments, including a dental public health unit. The FDA actively works with the DOH public health unit to help facilitate access to dental care for underserved populations.

Additionally, the FDA works closely with the DOH to promote statewide community water fluoridation. ●● The FDA BOT has assigned a DOH liaison to stay actively involved and updated on dental issues within the DOH.

The Agency for Health Care Administration ●● One of the many duties of the Agency for Health Care Administration (AHCA) is to oversee the implementation and operation of the state’s Medicaid program. The agency approves individual Medicaid providers and Medicaid managed-care entities. As the state continues to move toward delivering more Medicaid services under managed care, AHCA’s role as a contract management entity will be vital to ensuring compliance with contract provisions, such as medical loss ratios, network adequacy and submission of encounter data. ●● On May 1, 2014, AHCA began rolling out the Medical Managed Assistance (MMA) Program.

Under the MMA, Medicaid managed-care plans will administer medical and dental services for Medicaid recipients (both adults and children).

A recipient must enroll with a managed-care plan and receive both medical and dental care from providers in the plan’s network. In the MMA contracts, dental care was embedded into medical care. However, all the managed-care plans subcontracted with dental managed-care companies to provide dental services. The GAC is kept informed of issues related to Medicaid managed care by FDA staff and takes action when appropriate.

●● The FDA publishes several different resources to ensure that members have the most up-to-date legislative and political information. o Capital Report: Capital Report is the FDA’s legislative newsletter that provides upto-date information on legislative issues around the state that impact dentistry. It is sent to all FDA members. During the annual legislative session, Capital Report is available on a weekly basis and is available every other month during the interim. Capital Report is posted on the FDA’s website. o Legislative Video Update: The Legislative Video Update is sent weekly during session and is an extension of Capital Report, only in a different format. Members are kept informed weekly about dental-specific issues that are being addressed by the Legislature.

The video update link is sent directly to all FDA members via email throughout session. o LCD Exchange Newsletter: LCD Exchange is an e-newsletter sent to all FDA members.

The LCD Exchange newsletter provides Legislative Contact Dentists (LCDs) an update on legislative issues and pending issues that may require them to educate their assigned legislator(s) prior to the start of session.

o Relevant website pages: The state has several websites that provide information to the public about state government. ◗◗ www.flgov.com – Gov. Rick Scott ◗◗ www.myfloridahouse.gov – The Florida House of Representatives ◗◗ www.flsenate.gov – The Florida Senate ◗◗ www.myflorida.com – access to general information for all state agencies ◗◗ www.floridasdentistry.gov – The Board of Dentistry ◗◗ www.doh.state.fl.us – The Department of Health ◗◗ www.ahca.myflorida.com – The Agency for Health Care Administration ◗◗ www.apd.myflorida.com – The Agency for Persons with Disabilities ◗◗ www.elderaffairs.state.fl.us – The Department of Elder Affairs ◗◗ www.election.dos.state.fl.us – Florida Division of Elections

o PACPower Newsletter: PACPower provides information on political and legislative initiatives from all around the state. PACPower is sent electronically to all FDA members. o Facebook and Twitter: The FDA uses Facebook and Twitter to communicate with different audiences: Facebook communications are primarily for member dentists and are more focused on the practice of dentistry and legislative events. Twitter messages are for a more public consumption, which includes legislators and members of the media, in addition to member dentists.

12

Members Manual: LCD, GAC & FDAPAC

Members Manual: LCD, GAC & FDAPAC

13

PUBLICATIONS AND THE LEGISLATIVE ACTION CENTER (CONT.) Legislative Action Center ●● The FDA’s Legislative Action Center is a tool used by the GAO staff to mobilize dentists at the grassroots level. ●● Throughout the year, and especially during session, FDA members will receive legislative alerts via email. These call-to-action alerts direct members to contact their representative to tell them to either support or oppose a certain issue.

●● Participating in these legislative alerts is easy and extremely helpful in advocating on behalf of organized dentistry. ●● The Legislative Action Center is located on the FDA’s website.

●● It is imperative that FDA members act on these alerts once they are received. When voting on issues in Tallahassee, legislators take into account the views of their constituents. Acting on an alert informs a legislator that not only is their constituent involved in this issue, but the constituent is a dentist and has knowledge on how an issue would affect the dental profession.

APPENDIX A: FDA BYLAWS (CURRENT AS OF JUNE 2014) CONTENTS CHAPTER I. MEMBERSHIP

17

SECTION 10. CLASSIFICATION

17

SECTION 20. VOTING MEMBERS A. ACTIVE MEMBER B. PRIVILEGED MEMBER C. LIFE MEMBER SECTION 30. NONVOTING MEMBERS A. APPLICANT STATUS B. DUAL MEMBER C. DENTAL STUDENT MEMBER D. HONORARY MEMBER E. ASSOCIATE MEMBER SECTION 40. RIGHTS OF VOTING MEMBERS

17 17 17 17 18 18 18 18 18 18

SECTION 50. RIGHTS OF NONVOTING MEMBERS

18 18

SECTION 60. DUES 18 A. AMOUNT 18 B. GENERAL EXEMPTIONS 19 C. WAIVERS AND DISCOUNTS 19 SECTION 70. RESIGNATION 19 SECTION 80. DISCIPLINARY ACTION

19

CHAPTER II. COMPONENT DENTAL ASSOCIATIONS

19

SECTION 10. DEFINITION

19

SECTION 20. NAME

19

SECTION 30. REVOCATION OF CHARTER

20

SECTION 40. REDISTRICTING

20

SECTION 50. MEMBERSHIP 20 A. GOOD STANDING 20 B. PRACTICE LOCATION 20 C. TRANSFER 20 SECTION 60. RIGHTS AND DUTIES 20 SECTION 70. REPRESENTATION 20 A. DELEGATES 20 B. BASIS 20 SECTION 80. DELEGATES 20 A. ELIGIBILITY 20 B. ABSENCE 21 C. INSTALLATION 21 D. NOTIFICATION 21

CHAPTER III. AFFILIATE DENTAL ASSOCIATIONS

21

SECTION 10. DEFINITION

21

CHAPTER IV. GOVERNMENT

21

SECTION 10. QUORUM

21

SECTION 20. VOTING

21

SECTION 30. PARLIAMENTARY

AUTHORITY

21

CHAPTER V. HOUSE OF DELEGATES 21 SECTION 10. COMPOSITION

21

SECTION 20. CERTIFICATION

22

SECTION 30. OFFICERS 22 A. QUALIFICATIONS 22 B. NOMINATIONS 22 C. TERM OF OFFICE 22 D. INSTALLATION 22 E. VACANCIES 22 F. DUTIES 22 SECTION 40. RIGHTS AND DUTIES 22 A. RIGHTS 22 SECTION 50. MEMBERSHIP PETITION 23 SECTION 60. MEETINGS A. ANNUAL SESSION B. SEMIANNUAL SESSION C. SPECIAL SESSIONS D. OFFICIAL CALL

23 23 23 23 23

CHAPTER VI. BOARD OF TRUSTEES 23 SECTION 10. COMPOSITION

23

SECTION 20. OFFICERS 23 A. QUALIFICATIONS 23 B. VACANCIES 23 C. DUTIES 23 SECTION 30. RIGHTS AND DUTIES 24 A. AUTHORITY 24 B. DUTIES 24 SECTION 40. MEETINGS 24 A. REGULAR MEETINGS 24 B. SPECIAL MEETINGS 24 SECTION 50. BALLOTING 24

CHAPTER VII. OFFICERS

24

SECTION 10. ELECTIVE OFFICERS 24 A. COMPOSITION 24 B. QUALIFICATIONS 24 C. TERM OF OFFICE 25 D. NOMINATIONS 25 E. ELECTION 25 F. INSTALLATION 25 G. VACANCIES 26

SECTION 20. ORGANIZATION 21 A. COMPLIANCE 21 B. MEMBERSHIP PROVISIONS 21 SECTION 30. RIGHTS AND DUTIES 21

14

Members Manual: LCD, GAC & FDAPAC

APPENDIX A: FDA Bylaws

15

FDA Bylaws (Current as of June 2014) H. REMOVAL FROM OFFICE 26 I. DUTIES 26 J. PERFORMANCE EVALUATIONS 27 SECTION 20. APPOINTIVE OFFICERS 27 A. QUALIFICATIONS 27 B. NOMINATIONS 27 C. APPOINTMENT 27 D. TERMS 27 E. VACANCIES 27 F. DUTIES AND AUTHORITY 27 G. EVALUATIONS 28

CHAPTER VIII. EXECUTIVE CABINET 28 SECTION 10. COMPOSITION

28

SECTION 20. RIGHTS AND DUTIES 28 A. AUTHORITY 28 B. DUTIES 28

CHAPTER IX. COUNCILS, COMMITTEES, LIAISONS AND OTHER WORK GROUPS 28 SECTION 10. CLASSIFICATION 28 A. COUNCILS 28 B. SUBCOUNCILS 28 C. COMMITTEES 28 D. SUBCOMMITTEES 29 E. TASK GROUPS 29 F. LIAISONS AND REPRESENTATIVES 29 SECTION 20. COMPOSITION 29 A. MEMBERSHIP PREREQUISITE 29 B. ELIGIBILITY 29 C. EX OFFICIO MEMBERS 29 D. BOARD OF TRUSTEES LIAISONS 29 E. CONSULTANTS 29 F. SIZE, TERM & TENURE 29 SECTION 30. TERM OF OFFICE

AND TENURE 30 A. COUNCILS 30 B. COMMITTEES 31 SECTION 40. APPOINTMENT 31 A. COUNCILS 31 B. COMMITTEES 31 SECTION 50. VACANCIES 31 A. COUNCILS 31 B. COMMITTEES 31 C. TASK GROUPS 31 SECTION 60. DUTIES 31 SECTION 70. MEETINGS SECTION 80. SPECIAL COMMITTEES

AND WORKGROUPS

32 32

CHAPTER X. GENERAL MEETINGS 34

SECTION 20. SCIENTIFIC SESSION 34 A. ANNUAL SCIENTIFIC SESSION 34 B. ADDITIONAL SCIENTIFIC SESSIONS 34 SECTION 30. ADMISSION TO

GENERAL MEETINGS 35 A. MEMBERS 35 B. NON-MEMBERS 35

CHAPTER XI. DELEGATION TO THE HOUSE OF DELEGATES OF THE AMERICAN DENTAL ASSOCIATION AND ADA DISTRICT TRUSTEE

35

SECTION 10. REPRESENTATION TO ADA

HOUSE OF DELEGATES

35

16

C. LIFE MEMBER

SECTION 10. CLASSIFICATION

1. An active member, who has paid dues and held active membership in the FDA for 35 years, and has paid dues and held active membership in the American Dental Association for 35 years, and has reached 65 years of age and who actively practices dentistry shall become an active life member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or

The members of the Florida Dental Association shall be classified as either voting or nonvoting.

SECTION 20. VOTING MEMBERS Voting members shall be limited to active, privileged and life members.

SECTION 20. SELECTION OF ADA DELEGATES 35 A. DELEGATES 35 B. ALTERNATE DELEGATES 35 SECTION 30. DURATION OF

DELEGATE SERVICE 35 A. TERM 35 B. STAGGERING OF TERMS 35 C. COMMENCEMENT OF OFFICE 35 SECTION 40. DELEGATION PERFORMANCE 35 SECTION 50. DELEGATE ABSENCES

AND VACANCIES 35 A. ABSENCES 35 B. VACANCIES 35 SECTION 60. DELEGATION OFFICERS 36 A. SELECTION OF CHAIR 36 B. SELECTION OF VICE CHAIRPERSON 36 C. WHIP 36 D. COMMENCEMENT AND CONTINUATION OF OFFICE 36 SECTION 70. ADA DISTRICT TRUSTEE 36 A. NOMINATION 36 B. EX OFFICIO MEMBER 36 SECTION 80. OTHER ADA DISTRICT

REPRESENTATION 36 A. NOMINATION 36 SECTION 90. DELEGATION MANUAL 36

CHAPTER XIII. INDEMNIFICATION

36

CHAPTER XIV. CODE OF ETHICS

37

SECTION 10. PROFESSIONAL CONDUCT

OF FDA MEMBERS

37

SECTION 20. DISCIPLINE OF MEMBERS

37

CHAPTER XV. AMENDMENTS

37

SECTION 10. ANNUAL SESSION OF

THE FDA 34 A. TIME AND PLACE 34 B. NOTICE OF MEETING 34

CHAPTER I. MEMBERSHIP

A. ACTIVE MEMBER 1. An ethical dentist, who is licensed in Florida, is residing in the state of Florida, and is a member in good standing of the American Dental Association and of a component dental association, shall become an active member of this association upon compliance with and maintenance of Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 2. An ethical dentist, who is residing in the state of Florida, is a graduate of a school of dentistry, and is not engaged in the private practice of dentistry, but is engaged in public health, administrative, educational, institutional, or other activity relating to dentistry, which is approved by the Florida Board of Dentistry, and has been issued a permit to practice dentistry in Florida, and is a member in good standing of the American Dental Association and of a component dental association, shall become an active member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

3. An ethical dentist, who is residing in the state of Florida, who currently holds an active dentistry license in another state, who is a graduate of an ADA-accredited school of dentistry, or who has completed a Florida Board of Dentistry-approved program for graduates of unaccredited schools of dentistry, and is not engaged in the private practice of dentistry, but is employed in Florida in an administrative capacity, and is a member in good standing of the American Dental Association and of a component dental association, shall become an active member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

B. PRIVILEGED MEMBER 1. An active member who has retired from the active practice of dentistry shall become a privileged member of the FDA upon compliance and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 2. An active member who, because of physical or mental incapacitation, is no longer able to engage in the practice of dentistry shall become a privileged member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

APPENDIX A: FDA Bylaws

APPENDIX A: FDA Bylaws

2. An active member, who has paid dues and held active membership in the FDA for 35 years, and has paid dues and held active membership in the American Dental Association for 35 years, who has reached 65 years of age and who has retired from the active practice of dentistry shall become a retired life member of the Florida Dental Association upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 3. An active member, who has been a member in good standing of the American Dental Association through another state(s), commonwealth, or U. S. government service, may receive a maximum of 25 years of credit toward life membership in the FDA. Such member, who has paid dues and held at least 10 consecutive years of active membership in the FDA, and has paid dues and held active membership in the American Dental Association for 35 years, and has reached 65 years of age, shall become a life member of this association upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 4. An immigrant dentist may receive credit toward life membership for a maximum of 25 years of practice in another country, provided that he or she was a member of the country’s dental association. Such a member, who has subsequently paid dues and held at least 10 consecutive years of active membership in the FDA for a total of 35 years in the profession, and has reached 65 years of age, shall become a life member of this association upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 5. An active member, who has been elected to the presidency of the FDA, and who has completed the term of office, shall automatically become a life member of the FDA and be exempt from payment of the FDA dues.

6. An active member, who has been a member in good standing of the National Dental Association, may receive a maximum of 25 years credit toward life membership in the FDA. Such member, who has paid dues and held at least 10 consecutive years of active membership in the FDA, and has paid dues and held active membership in the American Dental Association for 35 years, and has reached 65 years of age, shall become a life member of this association upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA House of Delegates.

17

SECTION 30. NONVOTING MEMBERS

E. ASSOCIATE MEMBER

Nonvoting members shall be applicant status, dual, dental student, honorary, associate, dental hygienist and dental hygienist student members.

An associate member shall be a person ineligible for any other type of membership in this Association, who contributes to the advancement of the objectives of this Association, is employed in dental-related education or research, does not hold a dental license in the United States, and has applied to and been approved by the Board of Trustees.

A. APPLICANT STATUS An ethical dentist, who is licensed in Florida, and has not previously applied for membership within the past 24 months, shall, upon making application, be designated as having “Applicant Status” for up to one year only, during which time the member is acquiring membership in the applicable component dental association, upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

B. DUAL MEMBER An ethical dentist, who is not eligible for voting membership in the FDA, but is a member in good standing in the American Dental Association, and is residing any part of a year in the state of Florida, shall become a dual member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

C. DENTAL STUDENT MEMBER 1. A fully matriculated student, who is engaged in full-time undergraduate or graduate study in an accredited Florida dental school, shall become a student member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 2. A fully matriculated student, who is a legal resident of the state of Florida, and is engaged in full-time undergraduate or graduate study in an accredited dental school, shall become a student member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates, or 3. A fully matriculated student, who is a graduate of an accredited Florida dental school or licensed dentist in the state of Florida and is in an academic discipline working toward a specialty designation or postdoctoral degree, shall become a student member of the FDA upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

D. HONORARY MEMBER An individual who has made valuable contributions to the science, art or literature of dentistry or medicine, or who has rendered conspicuous service to dentistry, may become an honorary member of the FDA by unanimous vote of the Board of Trustees and majority vote of the House of Delegates upon compliance with and maintenance of the Requirements and Conditions of Membership as adopted by the FDA’s House of Delegates.

18

SECTION 40. RIGHTS OF VOTING MEMBERS Voting members shall be entitled to: A. a membership card; B. eligibility for election as a delegate or alternate delegate to the House of Delegates, and eligibility for election or appointment to any office, council, committee, Board of Trustees, or similar position in the FDA, in accordance with the bylaws of the FDA; C. an annual subscription to the official publications of the FDA; D. admission to any general meeting or House of Delegates session of the FDA, as provided in the Manual of the House of Delegates; E. such other rights as the Board of Trustees or House of Delegates may from time to time determine.

F. voting members shall be entitled to peer review services, in accordance with the Articles of Incorporation, Bylaws and policies of the FDA.

SECTION 50. RIGHTS OF NONVOTING MEMBERS Nonvoting members shall be entitled to: A. a membership card; B. an annual subscription to the official publications of the FDA; C. admission to any general meeting or House of Delegates session of the FDA; D. such other rights as the Board of Trustees or House of Delegates may from time to time determine.

proposed change is sent in writing to the membership of the FDA and postmarked at least 30 days in advance of that session of the House of Delegates.

B. GENERAL EXEMPTIONS Retired life, privileged and honorary members and past presidents of the FDA shall be exempt from payment of any dues and assessments to the FDA. Active life members shall be exempt from payment of one-half FDA dues. Active life members are exempt from payment of any FDA assessments.

C. WAIVERS AND DISCOUNTS Waivers and discounts for FDA dues and assessments due to exemption, disability, financial hardship, new dentist status, and target market status, as well as proration, assessments, loss of membership and reinstatement, shall be determined, as closely as possible, in accordance with the principles set forth in the ADA Bylaws. However, the FDA recognizes the following waivers and discounts that are not recognized by the ADA: 1. Married Members. Dentists who are recognized under federal law as married, who are dues-paying members in good standing of one of the component societies of the FDA, or are licensed as dentists in Florida, or are members of a federal dental service or agency on duty outside of this State, shall be classified as married members of the FDA. A married member shall be entitled to all of the rights and privileges of an active member except he/she shall receive only one copy of the official publications of the FDA per married pair. The dues for married member pairs shall be 150% of active member dues (both professionals) or 75% each of active member dues (for one professional) and this new dues category shall be limited to 10 years and coincide with the ADA classification of the “new dentist” (the ADA classifies a new dentist as being one to ten years out of dental school).

2. Faculty Discount. Dentists who serve as full-time faculty at one or more accredited dental schools or dental hygiene schools and would otherwise be considered a “full dues” category member shall receive a 50 percent (50%) dues reduction on FDA dues and assessments. For the purposes of this section, a dentist shall be considered “full-time faculty” only if the individual is considered by his/her employing institute of higher learning as “full-time faculty.”

SECTION 70. RESIGNATION

E. it shall be the responsibility of the component dental association to provide peer review services as directed by the Council on Ethics, Bylaws and Judicial Affairs.

Members may resign at any time upon written notice to the FDA office.

SECTION 60. DUES

SECTION 80. DISCIPLINARY ACTION

The dues of the FDA are on an annual basis, payable in advance on or before Jan. 1 of each year.

A member of the FDA may be subjected to the following disciplinary actions and penalties for violation of the FDA Code of Ethics.

A. AMOUNT Dues for active, life, associate and student members may be changed at any session of the House of Delegates; a two-thirds affirmative vote of those present and voting shall be required for approval of any dues increase provided that notice of the

APPENDIX A: FDA Bylaws

A. Censure - A censured member shall maintain all rights and privileges of membership.

C. Suspension - A member placed on suspension shall lose all rights and privileges of membership while suspended.

D. Expulsion - A member who is expelled shall have his or her membership in the FDA and its component dental societies permanently revoked and forever remain ineligible for membership in the FDA and its component dental societies.

Membership dues and assessments, including but not limited to those paid for the full or partial year in which the expulsion first takes effect, shall not be refundable in the event of expulsion.

CHAPTER II. COMPONENT DENTAL ASSOCIATIONS SECTION 10. DEFINITION A component dental association of the FDA shall consist of all voting members of the FDA within its territorial jurisdiction, except that privileged or retired life members shall have the option of retaining their membership in the component dental association where they once practiced or resided, regardless of where they currently reside in the state.

SECTION 20. NAME The FDA shall charter each component dental association, denoting its territorial jurisdiction and its name, which shall be taken from the area within which it is chartered. All components’ advertising and stationery shall include the wording in close proximity to the component’s name “a component of the Florida and American Dental Associations.” The following counties comprise the territorial jurisdiction of each component dental association and are hereby chartered as the component dental associations of the FDA: A. Component I (Northwest District): Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton, Washington.

B. Component II (Northeast District): Baker, Bradford, Clay, Columbia, Dixie, Duval, Hamilton, Lafayette, Madison, Nassau, Putnam, St. Johns, Suwannee, Taylor, Union.

C. Component III (Central Florida District): Alachua, Brevard, Flagler, Gilchrist, Lake, Levy, Marion, Orange, Osceola, Seminole, Sumter, Volusia.

D. Component IV (Atlantic Coast District): Broward (north of the south New River canal extension of the Dania cutoff canal), Indian River, Martin, Okeechobee, Palm Beach, St. Lucie.

E. Component V (South Florida District): Broward (south of the south New River canal extension of the Dania cutoff canal), Dade, Monroe.

F. Component VI (West Coast District): Charlotte, Citrus, Collier, DeSoto, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, Sarasota.

B. Probation - A member placed on probation shall maintain all rights and privileges of membership.

APPENDIX A: FDA Bylaws

19

SECTION 30. REVOCATION OF CHARTER

SECTION 60. RIGHTS AND DUTIES

The charter of a component dental association may be revoked by two-thirds affirmative vote of those members of the House of Delegates present and voting, only for failure to comply with the Articles of Incorporation and bylaws of the FDA and then only after said component dental association has provided a reasonable opportunity to correct the infraction that has placed its charter in jeopardy.

Each component association shall have the right or duty to:

SECTION 40. REDISTRICTING The redistricting of the FDA shall be reviewed at least every three years. Any time a component dental association’s membership exceeds 34 percent of the total membership of the FDA, redistricting shall take place.

SECTION 50. MEMBERSHIP A. GOOD STANDING A member of the FDA, who is not under final sentence of expulsion, and whose dues for the current year and any assessments have been paid, shall be considered a member in good standing.

B. PRACTICE LOCATION An FDA member’s membership in a particular component dental association shall be governed by the following practice location criteria: 1. A member’s membership in a component or affiliate dental association is determined by their “primary” practice location.

A member may choose to join a component different from the one corresponding with his/her primary practice location by notifying the FDA in writing.

2. In the event a member desires to join more than one component dental association, and the member has practices located in more than one such component, the member must designate which practice location is to be considered the member’s “primary” practice location and thus which component will be able to count the member for representation purposes according to the FDA’s bylaws.

3. In the event a dentist does not have a place of practice or a practice location established, the member may choose which component to belong.

4. A member who is eligible to join more than one component dental association is allowed to change the declaration of component voting membership once a year by submitting their declaration in writing to the FDA on or before Jan. 1.

C. TRANSFER A member of a component or affiliate dental association, who transfers membership to another component or affiliate dental association, shall have all the rights and privileges of membership within the new component or affiliate dental association, except the requirement to pay dues until the next Jan. 1.

20

A. adopt and maintain a constitution or articles of incorporation and bylaws that shall not be in conflict with the Articles of Incorporation and bylaws of the FDA, with a current copy thereof on file with the FDA office; B. discipline its members who are in violation of the Code of Ethics of the FDA and/or the component dental association in accordance with the Procedural Manual for Review of Violations of the Code of Ethics.

C. establish additional classifications of membership that are not in conflict with the Articles of Incorporation and bylaws of the FDA; D. hold a business session at least once each calendar year; E. assess component dental association dues, which shall be collected by the FDA and remitted to the component dental association annually; F. elect delegates and alternate delegates as set forth in Section 70 of this chapter; G. elect a maximum of two trustees and two alternate trustees from the component dental association, based proportionately on one trustee per 500 voting members or fraction thereof of the component dental association; H. designate one member to serve on each council of the FDA; I. designate one member to serve as a delegate and one member to serve as an alternate to the House of Delegates of the American Dental Association; J. organize affiliate dental associations set forth in Chapter III of these bylaws.

SECTION 70. REPRESENTATION A. DELEGATES

represents. Delegates and alternate delegates shall be elected by the members of the component dental association who are voting members of the FDA. B. ABSENCE An alternate delegate shall be entitled to represent the component dental association in the House of Delegates only in the absence of a delegate.

C. INSTALLATION Delegates and alternate delegates shall assume office upon adjournment of the annual session of the House of Delegates at which they were elected; they shall first serve at the next session of the House of Delegates.

D. NOTIFICATION

Sixty-seven (67%) percent of the voting members of the House of Delegates (68 delegates) shall constitute a quorum of the House of Delegates. A majority of the voting members of the Board of Trustees, council, committee or other agency shall constitute a quorum.

SECTION 20. VOTING

SECTION 30. PARLIAMENTARY AUTHORITY

An affiliate dental association of the FDA shall consist of members of the FDA within that area.

Sturgis Standard Code of Parliamentary Procedure shall govern the FDA in all cases to which it is applicable, when not inconsistent with the laws of the state of Florida, or the Articles of Incorporation and bylaws of the FDA, the Manual of the House of Delegates and the Manual of the Board of Trustees. Other manuals referenced in these Bylaws shall be maintained by the Association for the purposes referenced herein.

SECTION 20. ORGANIZATION A. COMPLIANCE An affiliate dental association shall be organized in conformity with the constitution or articles of incorporation, bylaws, and policies of the component dental association in which the affiliate is located and the FDA. The affiliate dental association shall be a recognized entity of that component dental association and the FDA.

CHAPTER V. HOUSE OF DELEGATES SECTION 10. COMPOSITION

B. to comply with the Principles of Ethics of the American Dental Association, the Code of Ethics of the FDA, and the code of ethics adopted by the component dental association governing the professional conduct of its members;

The House of Delegates shall consist of 103 certified delegates: 100 delegates from the component dental associations and one voting certified student delegate elected annually to the House of Delegates and one certified student alternate delegate elected annually by the American Student Dental Association at the University of Florida College of Dentistry and one voting certified student delegate elected annually to the House of Delegates and one certified student alternate delegate elected annually by the American Student Dental Association at Nova Southeastern University College of Dental Medicine and one voting certified student delegate elected annually to the House of Delegates and one certified student alternate delegate elected annually by the American Student Dental Association at Lake Erie College of Osteopathic Medicine, School of Dental Medicine (LECOM). The student delegate and alternate delegate from each school shall rotate together through the component dental associations on a semiannual basis in the following sequence: Component 1 (Northwest District), Component 2 (Northeast District), Component 3 (Central Florida District), Component 4 (Atlantic Coast District), Component 5 (South

APPENDIX A: FDA Bylaws

21

SECTION 30. RIGHTS AND DUTIES

Determination of component dental association representation in the House of Delegates for the upcoming fiscal year shall be based on component dental association membership as of March 31 of the previous fiscal year.

Each affiliate dental association shall have the right or duty:

APPENDIX A: FDA Bylaws

SECTION 10. QUORUM

SECTION 10. DEFINITION

B. BASIS

Delegates and alternate delegates shall be limited to voting members of the FDA, who are members of the component dental association, which said delegate or alternate delegate

CHAPTER IV. GOVERNMENT

CHAPTER III. AFFILIATE DENTAL ASSOCIATIONS

Each component dental association shall determine the number of voting members required to comprise an affiliate dental association within its jurisdiction.

A. ELIGIBILITY

D. to establish additional classifications of membership that are in compliance with the bylaws of the component dental association and the Articles of Incorporation and bylaws of the FDA.

Every question that shall come before a meeting of the House of Delegates, Board of Trustees, council, committee or other agency shall be decided by a majority vote, unless otherwise provided by the laws of the state of Florida, or the Articles of Incorporation, and bylaws of the FDA. Only in the event of a tie in voting at the House of Delegates, the President shall cast the deciding vote. Only in the event of a tie in voting at the Board of Trustees, the Chair of the Board of Trustees shall cast the deciding vote.

It shall be the responsibility of the component dental association to provide the FDA office with the names of delegates and alternate delegates for the next term year no later than 60 days prior to the annual session of the House of Delegates which immediately precedes the start of the next term year.

A component dental association shall annually elect delegates and alternate delegates to the House of Delegates of the FDA allocated proportionately to each component dental association according to its number of voting members using the “Method of Least Proportionate Error.”

SECTION 80. DELEGATES

C. to assess affiliate dental association dues;

B. MEMBERSHIP PROVISIONS

A. to adopt and maintain a constitution or articles of incorporation and bylaws, which shall not be in conflict with the bylaws of the component dental association and with the Articles of Incorporation and bylaws of the FDA with a current copy thereof on file with the secretary of the component dental association and the FDA office;

Florida District), and Component 6 (West Coast District), with the student delegate and alternate student delegate from the University of Florida College of Dentistry beginning with Component 6 and the student delegate and alternate student delegate from Nova Southeastern University College of Dental Medicine beginning with Component 3 and the student delegate and alternate student delegate from Lake Erie College of Osteopathic Medicine, School of Dental Medicine (LECOM) beginning with Component 2. The aforementioned cycle will begin in June 2013 and continue on a successive rotation for each meeting of the House of Delegates thereafter.

SECTION 20. CERTIFICATION Upon filing with the FDA office the names of the duly elected delegates and alternate delegates of each component dental association and each recognized chapter of the American Student Dental Association, the secretary of the House shall thereafter dispatch to each delegate and alternate delegate those credentials necessary for admission to meetings of the House of Delegates.

SECTION 30. OFFICERS The officers of the House of Delegates shall be a speaker of the House and secretary of the House.

A. QUALIFICATIONS Each candidate for Speaker of the House must be an FDA member and must have completed at least one course or practicum on parliamentary procedure provided by the American Institute of Parliamentarians.

B. NOMINATIONS Nominations for the office of speaker of the House shall be made in accordance with the order of business from the floor of the House by the chair of the Leadership Development Committee in accordance with these bylaws and procedures approved by the House of Delegates governing candidate solicitation, application, eligibility, conflicts of interest, announcement, nomination, campaigning and related matters. Following such nominations, additional nominations may also be made by any other delegate.

C. TERM OF OFFICE The speaker of the House shall serve a term of two (2) years or until his or her successor is elected and installed. The Speaker of the House shall be limited to four (4) cumulative terms in office.

D. INSTALLATION The speaker of the House shall be installed at the last meeting of the annual session of the House of Delegates at the end of which the term of the existing speaker of the House will expire.

of the House of Delegates, (b) served as past president of the FDA, or who otherwise meets the qualifications of the Speaker of the House office pursuant to subsection 30(A) of these bylaws. Otherwise, in the absence of a Speaker pro tem, the current President shall serve as such.

CHAPTER VI. BOARD OF TRUSTEES SECTION 10. COMPOSITION

F. DUTIES

d. create councils and sub-councils, and committees and sub-committees of the House.

The speaker of the House shall:

e. establish office locations of the association.

1. plan and preside over all meetings of the House of Delegates in a fair, objective and impartial fashion as a parliamentarian and not as an advocate of causes or a representative of any group;

f. approve all memorials, resolutions or opinions issued in the name of the Florida Dental Association.

2. serve as ex officio parliamentarian of the Board of Trustees;

Fifteen percent of the voting members of each of four component dental associations, or 75 percent of the voting members of any one component dental association, may require a special session of the House of Delegates to consider an item of business without amendment, alteration, or substitution, as presented on a signed petition presented to the secretary of the House.

The Board of Trustees shall consist of the immediate past president, president, president-elect, first vice president, second vice president, secretary, and a maximum of two trustees elected from each component dental association of the FDA as set forth in these bylaws. Trustees may not be a delegate or alternate delegate to the House of Delegates of the FDA. FDA line-officers, trustees and/or alternate trustees may not be a voting member of an FDA council but may serve only as a liaison to the FDA council or as a consultant without a vote on the council. This limitation shall not apply to the FDA Council on Financial Affairs. Except as provided herein, the speaker of the House, the treasurer, treasurer-elect and executive director shall be ex officio members of the Board of Trustees, without vote. In addition, and as provided herein, alternate trustees elected pursuant to Chapter II, Section 60, Paragraph G of these bylaws may be called to serve on the board. The speaker of the House shall serve as parliamentarian of the Board of Trustees.

SECTION 60. MEETINGS

SECTION 20. OFFICERS

A. ANNUAL SESSION

The officers of the Board of Trustees shall be a chair, a vicechair and a secretary of the board.

3. refrain from attending executive sessions of reference committees and district caucuses, except when specifically requested to attend by the reference committee or caucus chair to provide clarification with respect to parliamentary processes; 4. review all proposed resolutions of the Board of Trustees, councils and committees of the House, including reference committees, for clarity and legality in consultation with the executive director, assigned legal counsel, and the chair of the Council on Ethics, Bylaws & Judicial Affairs, and present all known issues to the originating body, and, when applicable, the Board of Trustees and House of Delegates; and 5. refrain, unless given express permission by the President, from expressing or implying personal opinions or views by any manner of communication on existing or proposed policy, business, political or strategic issues at meetings or online forums of FDA agencies, where such gestures might lead an observer to reasonably conclude that the speaker has significant and unrestrained personal bias or subjective views towards an initiative pending before the FDA.

SECTION 40. RIGHTS AND DUTIES A. RIGHTS 1. The House of Delegates shall be the legislative body of the FDA, vested with full power to determine all policies and goals that govern the FDA in all its activities, subject only to applicable laws and the Articles of Incorporation and bylaws of the FDA. 2. The House of Delegates shall have the power to: a. enact, amend and repeal the Articles of Incorporation and Bylaws of this association. b. adopt and amend the Principles of Ethics and Code of Professional Conduct for governing the professional conduct of the members.

In the absence of the speaker of the House, the president, with approval of the Board of Trustees shall appoint, as speaker pro tem, a dentist who (a) previously presided over a meeting

c. grant, amend, suspend or revoke charters of component societies. It shall also have the power by a two-thirds (2/3rds) majority to suspend the representation of a component society in the House of Delegates upon a determination by the House that the bylaws of the component society violate the Articles of Incorporation or Bylaws of this association providing however

22

APPENDIX A: FDA Bylaws

E. VACANCIES

such suspension shall not be in effect until the House of Delegates has voted that the component society is in violation and has one year after notification of the specific violation in which to correct its constitution or bylaws.

SECTION 50. MEMBERSHIP PETITION

There shall be at least one regularly scheduled annual session of the House of Delegates each year to be held on a day or days specified by the Board of Trustees. This session may be divided into several meetings, if necessary, for the proper conduct of the FDA affairs.

B. SEMIANNUAL SESSION There shall be at least one regularly scheduled semiannual session of the House of Delegates each year to be held on a day or days specified by the Board of Trustees. This session may be divided into several meetings, if necessary, for the proper conduct of the FDA affairs.

C. SPECIAL SESSIONS Special sessions of the House of Delegates may be called upon written request to the FDA office of 35 or more officially certified delegates or by a membership petition in accordance with Section 50 of this chapter. The session shall be held not more than 45 days after the request is received. The request and call for the session shall state the business to be considered. Other business may be transacted at the session following the special order of business.

A. QUALIFICATIONS The president of the FDA shall serve as chair of the Board of Trustees. The president-elect of the FDA shall serve as vicechair. The secretary of the FDA shall serve as secretary of the Board of Trustees.

B. VACANCIES In the absence of the president, the president-elect will serve as chairperson of the Board of Trustees; in the absence of the president-elect, the first vice president will serve. In the absence of the president, president-elect, and first vice president, the Board of Trustees shall elect one of its voting members to serve as chairperson pro-tem. In the absence of the secretary, the chairperson will appoint a trustee as secretary of the board.

C. DUTIES

The secretary of the House of Delegates shall cause to be published in an official publication of the FDA an official notice of the time and place of each session of the House of Delegates.

The chair of the Board of Trustees shall preside at all meetings of the Board of Trustees. The secretary of the Board shall serve as the recording officer of the Board of Trustees and the custodian of its records. A record of the vote cast by each member of the Board on each action taken shall be maintained. Within three (3) business days following each meeting of the Board, the secretary of the Board shall electronically distribute draft summary minutes to each member of the Board reflecting actions taken by the Board and the voting record of each member with respect to each action taken. Thereafter, members of the Board shall have two (2) business days in which to object to the accuracy of any action or vote recorded. In the event an objection is raised, the secretary of the Board shall remove such action item in its entirety from the summary minutes. Thereafter, within two (2) business days, the secretary of the Board shall distribute final summary minutes of each Board meeting to all

APPENDIX A: FDA Bylaws

23

D. OFFICIAL CALL

Board members, all council and committee members, and the presidents and executive directors of each component.

SECTION 30. RIGHTS AND DUTIES A. AUTHORITY The Board of Trustees shall be the administrative body of the FDA, vested with full power to conduct all business of the association. In addition, the Board of Trustees shall have the power to recommend policies and enact interim policies when the House of Delegates is not in session and when such policies are necessary for the proper conduct of FDA affairs, provided all policies are presented to the House of Delegates for ratification at the session immediately following their enactment.

B. DUTIES The duties of the Board of Trustees shall include, but not be limited to: 1. when selecting future Executive Director(s), appointing by majority vote of the Board of Trustees, a committee of the board to be solely responsible for soliciting, determining the qualifications of, and evaluating candidates for the office of Executive Director. Said committee shall consist of voting members as follows: six trustees (one from each component), one member dentist representative of the Florida Dental Health Foundation, one representative of FDA Services, one representative of the House of Delegates, the then current chair of the Leadership Development Committee (or his or her designee), and an FDA voting member appointed by the then current FDA President.

Said committee shall be chaired by the then current FDA President (or his or her designee), who shall vote only in case of a tie. The committee described herein, rather than the Leadership Development Committee, shall be responsible for soliciting, determining the qualifications of, and evaluating candidates for the office of Executive Director; 2. providing for and maintaining office facilities adequate for the proper conduct of FDA affairs; 3. responsibility for all property, real and personal, owned or held by the FDA, and to cause to be bonded all officers and employees entrusted with such property;

SECTION 40. MEETINGS A. REGULAR MEETINGS There shall be at least four regularly scheduled meetings of the Board of Trustees each year with conference calls or other appropriate meetings held at midway points between each regularly scheduled meeting of the Board to enable the Board to receive status reports and exercise its duties and responsibilities as established herein. The time and place of each regular meeting of the Board of Trustees, as well as the arrangement for the Board’s midway conference session, shall be determined by the Board of Trustees no later than the time of the Board’s previous meeting.

B. SPECIAL MEETINGS Special meetings of the Board of Trustees, including but not limited to meetings by telephone or other appropriate electronic means, may be called by the president or upon written request to the FDA office by five or more voting members of the Board of Trustees. The meeting must be held before the issue becomes moot but in no case later than fifteen (15) days of the receipt of the written request at the FDA office. The call for the meeting shall state the business to be considered. Other business may be transacted at the meeting following the special order of business.

SECTION 50. BALLOTING Actions taken by a majority of the voting members of the Board of Trustees by properly authenticated ballot (including ballot by voice roll call, U.S. mail, e-mail or facsimile transmission) shall be binding and effective as if such actions were taken in a regular or special in-person meeting of the Board of Trustees, providing, however, that any voting member of the board may challenge the validity of a voice, U.S. mail, e-mail or facsimile ballot on the grounds that insufficient information is available to ensure proper consideration of the question. If the issue is subsequently corrected to the satisfaction of the challenger, the challenge may be withdrawn and the vote taken. Otherwise, the question must be postponed until the next meeting of the Board of Trustees.

4. establishing the fiscal year of the FDA;

CHAPTER VII. OFFICERS

5. causing the accounts of the FDA to be audited annually by a certified public accountant;

SECTION 10. ELECTIVE OFFICERS

6. preparing an itemized budget of the funds necessary for the proper conduct of FDA activities for the following fiscal year; 7. submitting an annual report to the House of Delegates reviewing the activities of the Board of Trustees; 8. reviewing the reports of the officers and of the councils of the FDA and making recommendations to the House of Delegates concerning these reports;

A. COMPOSITION The elective officers of the FDA shall be the president, president-elect, first vice president, second vice president, secretary, treasurer, treasurer-elect, immediate past president, and a maximum of two trustees elected from each component dental association, as set forth in these bylaws.

B. QUALIFICATIONS

9. performing such other duties as prescribed by the laws of the state of Florida, the Articles of Incorporation and bylaws and the mandates of the House of Delegates.

1. A candidate for the office of the president-elect, first vice president, second vice president, secretary, treasurer and treasurer-elect must be a voting member of the FDA and of one of the component dental associations who is otherwise eligible for nomination in accordance with these bylaws.

24

APPENDIX A: FDA Bylaws

2. A candidate for the office of trustee must be a voting member of the FDA and of the component dental association that the trustee represents on the Board of Trustees.

C. TERM OF OFFICE 1. The president-elect, first vice president, second vice president and secretary shall be elected for a term of one year or until their successors are elected.

2. The president-elect, upon completion of the term of office, shall succeed to the office of president without election, to serve for a term of one year.

3. The president, upon completion of the term of office, shall succeed to the office of immediate past president without election, to serve for a term of one year.

4. A trustee shall be elected for a term of two years. The component dental associations may limit the number of consecutive terms of their trustees. The term of the alternate trustee shall be determined by the component dental associations.

5. The speaker of the House shall serve in accordance with the provisions of Chapter V, Section 30 of these Bylaws.

6. The treasurer shall be elected for a term of two years or until a successor is elected. A member may not serve more than three terms as treasurer, whether cumulative or consecutive.

Only in instances when the treasurer is unable or unwilling to serve an additional term but expects to complete his or her existing term in office, shall elections for the office of treasurer-elect be held with the prevailing candidate serving a oneyear term as treasurer-elect to run concurrently with the treasurer’s final year in office. Upon completion of his or her term, the treasurer-elect shall automatically succeed to a two-year term as treasurer. The purpose of the office of treasurer-elect is to assure whenever possible continuity in service of the office of treasurer.

D. NOMINATIONS 1. Nominations for upcoming vacancies in the offices of president-elect, first vice-president, second vice-president, and secretary shall be presented annually to the House of Delegates by the Board of Trustees. Nominations for the office of secretary shall be rotated in series among the component dental associations and submitted to the Board of Trustees by the president of the respective component dental association at least 45 days prior to the board meeting that immediately precedes the annual session of the House of Delegates. Additional nominations may be made from the floor provided that the nominees for the office of secretary must be members of the component dental association having the present authority to nominate a candidate for the position of secretary in accordance with these bylaws.

shall be made by the chair of the Leadership Development Committee to the annual session of the House of Delegates that immediately precedes the treasurer’s commencement of his or her final year in office. Additional nominations for the offices of speaker of the House, treasurer and treasurer-elect may be made from the floor.

3. Nominations for the offices of speaker of the House, treasurer and treasurer-elect shall be determined and presented (a) in accordance with these bylaws, (b) in accordance with policies and procedures approved by the House of Delegates which are not inconsistent with these bylaws, and (c) without undue influence by the Board of Trustees. Nominees originating from the Leadership Development Committee for each office shall not exceed three candidates per election.

4. An exhibit listing all nominees from the Leadership Development Committee and other anticipated candidates whose nomination is expected from the floor of the House for each office and their respective qualifications shall be provided in advance to the secretary and included in the House of Delegates’ agenda to be distributed to all members of the House of Delegates at least 21 days prior to the session of the House of Delegates where such election is to be held.

E. ELECTION 1. The president-elect, first vice-president, second vice-president and secretary shall be elected by the House of Delegates at the annual session.

2. Elections for the office of treasurer will be held at the semi-annual session of the House of Delegates which immediately precedes the end of the current position’s term in office.

The election of treasurer-elect will only be held immediately preceding the commencement of the current treasurer’s final year in office if it is known that the current treasurer will not or cannot seek another term of office. If a treasurer-elect is elected, no election for treasurer shall be held and the treasurer-elect will automatically assume the office of treasurer when the term of the current treasurer ends.

3. The component dental associations with more than one trustee shall stagger the terms of their respective trustees. The trustees shall be elected by the component dental associations once each year prior to the annual session of the House of Delegates for those component dental associations holding an election in any given year.

4. Voting may be by ballot of certified delegates. In the event of a tie, the President shall be entitled to one vote per race. In the event no candidate in a particular race receives a majority of all votes cast, a run-off election shall be held between the two candidates who received the greatest number of votes.

F. INSTALLATION

2. Nominations for the office treasurer shall be presented to the semi-annual session of the House of Delegates that immediately precedes the anticipated vacancy by the chair of the Leadership Development Committee. When applicable in accordance with these bylaws, nominations for the office of treasurer-elect

Elective officers shall assume office upon adjournment of the annual session of the House of Delegates in the year in which they were elected.

APPENDIX A: FDA Bylaws

25

G. VACANCIES 1. President – In the event of a vacancy in the office of president, the president-elect shall serve as president for the unexpired term and for the full term immediately following.

2. President-elect – In the event of a vacancy in the office of president-elect, the first vice president shall serve the unexpired term.

3. President and president-elect – In the event of a vacancy in the offices of president and president-elect, the first vice president shall serve as president for the unexpired term.

4. First vice president – In the event the first vice president fills an unexpired term of the president-elect, the component dental association in which the president-elect resided shall nominate a voting member to fill the unexpired term of the first vice president, with approval by the Board of Trustees. In the event of a vacancy in the office of first vice president, the component dental association in which the officer resided shall nominate a voting member to fill the unexpired term of the first vice president, with approval of the Board of Trustees.

5. Second vice president – In the event of a vacancy in the office of second vice president, the component dental association in which the officer resided shall nominate a voting member to fill the unexpired term of the second vice president, with approval by the Board of Trustees.

6. Secretary – In the event of vacancy in the office of secretary, the component dental association in which the officer resided shall nominate a voting member to fill the unexpired term, with approval by the Board of Trustees.

7. Treasurer and treasurer-elect – In the event of a vacancy in the office of treasurer, the Board of Trustees shall fill the vacancy until the next annual session of the House of Delegates, as set forth in these bylaws. In the event of a vacancy in the office of treasurer-elect, the Board of Trustees may nominate a successor candidate at the next session of the House of Delegates.

Nominations may also be made from the floor of the House.

8. Trustees – In the event of either an absence or vacancy in the office of a component dental association trustee, the president of the component dental association that the trustee represents shall appoint an elected alternate trustee of said component dental association to serve until the absence or vacancy is removed, either by return of the trustee or by election in compliance with Chapter II, Section 6, Paragraph G, for the unexpired term.

H. REMOVAL FROM OFFICE Any elective officer or trustee found guilty of malfeasance while in office shall be removed from office. Any twenty (20) voting members of the FDA may submit a written complaint with substantiating evidence to the executive director of the FDA. The Board of Trustees shall appoint a committee from its members to investigate the charge and report back to the board in executive session. A two-thirds (2/3) affirmative vote of the Board of Trustees shall be required to uphold the charge

26

and immediately suspend the individual from the rights and responsibilities of his or her office or position within the FDA. Upon suspension, the office is deemed to be temporarily vacant and the individual suspended is no longer authorized to act on behalf of the FDA. If an officer or trustee is suspended from office by the Board, the charge, the board’s committee report, and recommended adjudication shall be presented to the House of Delegates at its next regularly scheduled session unless a special session is called to determine if the officer or trustee shall be reinstated or permanently removed from office. During the suspension of duty of an officer or trustee and before final adjudication of the matter, the provisions in these bylaws concerning the filling of vacant offices shall apply. In the event the accused officer or trustee is reinstated, the vacancy in his or her position shall be deemed to no longer exist and all offices affected by the vacant office provisions in these bylaws shall be reoccupied by those individuals who occupied such positions before the suspension occurred.

I. DUTIES The elective officers shall perform those duties, regularly and customarily pertaining to the offices they hold, and those provided in these bylaws.

1. President – The president shall be the chief executive officer of the FDA. Except where specially trained media spokespersons are available, the President shall serve as the FDA’s chief spokesperson on all matters concerning the interests of the Association. The president has the power to do whatever is necessary and proper to carry out the functions and duties of the office within the restraints of the association’s bylaws, its goals and objectives, and policies not in conflict with these bylaws.

The president shall be responsible for maintaining the rolls of all councils and committees and recommending all representatives of the FDA to governmental entities, outside organizations, special events and conferences for Board of Trustees approval and funding. The president shall, in addition to all other duties, submit to the House of Delegates a semi-annual report of the activities of the office of the president.

2. President-elect – The president-elect shall be primarily responsible for preparing to serve as president at the conclusion of his or her term as president-elect, or sooner if necessary, conferring frequently with the president and other officers on known policy and operational issues and the status of all pending strategic initiatives of the association. The president-elect shall, in accordance with these bylaws, recommend to the Board of Trustees for its approval the appointment of council and committee members; liaisons to outside organizations, special events, meetings and conferences; and association representatives to governmental entities for terms commencing during the president-elect’s upcoming term as president. In addition to all other duties, the president-elect shall have an opportunity to address the semi-annual session of the House of Delegates.

3. Treasurer – The treasurer shall serve as the chief elected financial officer of the association. As such, the treasurer shall oversee the conduct of annual audits of the association’s finan-

APPENDIX A: FDA Bylaws

cial affairs, review budget proposals and monitor year-to-date performance, ensure the prudent investment of association assets, and assure that the property interests of the association, including ownership interests held in other corporations or businesses, are properly safeguarded. In fulfilling his or her responsibilities, the treasurer is empowered to retain consultants and advisers at the direction of the Board of Trustees.

In instances where the treasurer is to be succeeded by a treasurer-elect, the treasurer shall serve as a resource to the treasurer-elect and endeavor to orient the treasurer-elect to the duties and responsibilities of the position of treasurer prior to the treasurer-elect’s assumption of duties as treasurer. In addition to serving as ex officio members of the Board of Trustees, the treasurer and treasurer-elect shall attend meetings of the House of Delegates. The treasurer shall, in addition to all other duties, submit within two (2) weeks of each meeting of the Board of Trustees and within three (3) weeks of each meeting of the House of Delegates, a report on the financial status of the FDA. 4. Elective Officers – All elective officers shall assist the president, when the president so designates.

J. PERFORMANCE EVALUATIONS The Board of Trustees, by majority vote and in consultation with the Leadership Development Committee, may undertake periodic performance evaluations of the treasurer and/or treasurer-elect.

mittee described in the FDA Bylaws, Chapter VI (Board of Trustees), Section 30 (Rights and Duties), Paragraph B (Duties), Sub-paragraph 1.

D. TERMS The editor shall serve two-year terms with no limit on the number of terms. The executive director’s duration in office shall be determined by a majority vote of the Board of Trustees.

E. VACANCIES Vacancies in appointive offices shall be filled as they occur by a majority vote of the Board of Trustees.

F. DUTIES AND AUTHORITY The appointive officers shall perform those duties prescribed by the Board of Trustees, and those provided in these bylaws.

1. Editor – The editor shall, in addition to all other duties: a) be responsible, under the direction of the Board of Trustees, for editorial supervision of all FDA publications by ensuring that all publications reflect the editorial policies of the Board of Trustees; b) appoint such associate editors as deemed necessary for proper preparation and distribution of the FDA’s publications; c) submit to the Board of Trustees an annual written report;

SECTION 20. APPOINTIVE OFFICERS

d) have access to all meetings of the House of Delegates and Board of Trustees;

The appointive officers of the FDA shall be the editor and the executive director and such others as may be required for the proper conduct of the FDA affairs.

e) attend meetings of the Board of Trustees upon invitation by the presiding officer;

A. QUALIFICATIONS Qualifications for appointive officers other than the Executive Director shall be determined by the Board of Trustees in consultation with the Leadership Development Committee. Qualifications for future Executive Director(s) shall be determines as set forth by the committee described in the FDA Bylaws, Chapter VI (Board of Trustees), Section 30 (Rights and Duties), Paragraph B (Duties), Sub-paragraph 1.

B. NOMINATIONS Annually, at the Board of Trustees’ final in-person meeting before the annual session of the House of Delegates, the Leadership Development Committee shall submit the names of up to three nominees for the office of editor for the term of office commencing immediately following the close of the House of Delegates’ annual session. Additional nominations for the office of editor may be made by any member of the Board of Trustees.

C. APPOINTMENT Appointive officers other than the Executive Director shall be appointed by a majority vote of the Board of Trustees. Future Executive Director(s) shall be appointed by a majority vote of the Board of Trustees after a recommendation from the com-

APPENDIX A: FDA Bylaws

f) maintain open communications with other entities and organizations affiliated with the FDA; and g) have complete control over his or her editorial comments.

2. Executive Director – The executive director shall, in addition to all other duties: a) sign, together with the president, a legally attested contract that embodies all pertinent facts regarding his or her employment; b) serve under the direction of the Board of Trustees as the principal business administrator and secretary of the FDA; c) supervise and manage the offices of the FDA, and to engage all employees; d) be responsible for the administrative planning, execution, and implementation of all the FDA programs; e) serve as a communications medium among the elected and appointed member officials, the FDA staff, and the membership;

27

f) serve as custodian of all monies and deeds belonging to the FDA and to hold, invest and disburse same, subject to the direction of the Board of Trustees and approval by the treasurer; g) systematize the preparation of annual reports of the Board of Trustees, officers, councils and committees, and distribute copies thereof to each member of the Board of Trustees and House of Delegates no less than 15 days prior to the annual session of the House of Delegates; h) systematize the preparation of supplemental reports that are distributed at the Board of Trustees meeting and House of Delegates sessions; i) submit to the Board of Trustees an annual written report; and j) serve as managing editor of all publications of the FDA. G. EVALUATIONS The Board of Trustees, by majority vote, may authorize periodic critiques of association publications and/or performance appraisals of appointive officers.

CHAPTER VIII. EXECUTIVE CABINET SECTION 10. COMPOSITION The Executive Cabinet shall consist of the president, president-elect, first vice president, second vice president, secretary and immediate past president. The executive director shall be an ex officio member without vote.

SECTION 20. RIGHTS AND DUTIES A. AUTHORITY The Executive Cabinet shall be the executive body of the FDA, vested with the power to execute policies of the House of Delegates and Board of Trustees. When necessary to the prudent management of the association or in emergency situations declared by the president, the Executive Cabinet is vested with the power to make interim policy or to take action necessary for the proper conduct of the FDA affairs, provided all such policies or actions are presented to the Board of Trustees or House of Delegates for ratification at the session immediately following.

B. DUTIES The duties of the Executive Cabinet shall include; but not be limited to: 1. providing effective leadership for the FDA; 2. serving as innovators and initiators of the FDA activities, policies and positions; and communicating such recommendations to the FDA’s governing agencies; 3. maintaining continuing surveillance of all FDA activities; 4. ensuring a properly functioning FDA; 5. maintaining continuing awareness of the organizational needs of the FDA.

28

CHAPTER IX. COUNCILS, COMMITTEES, LIAISONS AND OTHER WORK GROUPS SECTION 10. CLASSIFICATION A. COUNCILS The councils of the FDA shall be established by the House of Delegates and shall continue to exist until the House of Delegates acts to terminate them. Councils shall be established by the House of Delegates primarily to monitor issues and trends affecting the dental health of the public and the profession of dentistry and to develop recommended changes in FDA policy.

Councils shall continue to exist until the House of Delegates acts to terminate them. Council responsibilities shall be enumerated by resolution of the House of Delegates and grouped so as to enable each council to develop and maintain expertise in a related group of subjects of importance to the association.

Each council will generally confine its activities to its assigned subject areas so as to minimize overlap with other councils and committees, and function within such other strategic guidelines that have been established for the council by the House of Delegates. Councils specifically referenced in these bylaws shall be maintained in existence and charged with fulfilling the responsibilities assigned herein.

B. SUBCOUNCILS The creation of a standing subcouncil as a subordinate workgroup of a council may be requested by any council and approved by the House of Delegates with due regard to longevity, pertinence, subject overlap, representation, expertise and expense. In lieu of standing subcouncils, a council may form one or more task groups as provided herein.

Each sub-council shall meet as necessary and as funded to accomplish its assigned projects and/or oversee its assigned programs. The chair of each sub-council shall report at regular intervals to his or her sub-council’s enabling council which shall determine recommendations and resolutions as needed for submission to the Board of Trustees and/or House of Delegates. Sub-councils specifically referenced in these bylaws shall be maintained in existence and charged with fulfilling the responsibilities assigned herein.

C. COMMITTEES The committees of the FDA shall be those established by the Executive Cabinet, and/or Board of Trustees and/or House of Delegates to investigate matters affecting the association or its members and/or to administer a project, program or event where there is little need for direct oversight or policy interpretation. Unless a committee, under its enabling resolution, is given status as a standing committee, the committee shall automatically terminate upon completion of the charge for which it was established. Each committee will generally confine its activities to its assigned subject areas so as to minimize overlap with other councils and committees, and function within such other strategic guidelines that have been established for the committee by its enabling body. Committees specifically

APPENDIX A: FDA Bylaws

referenced in these bylaws shall be maintained in existence and charged with fulfilling the responsibilities assigned herein.

D. SUBCOMMITTEES The creation of a standing sub-committee as a subordinate workgroup within a standing committee may be requested by any committee and approved by its enabling body with due regard to longevity, pertinence, subject overlap, representation, expertise and expense. In lieu of standing sub-committees, a committee may form one or more task groups as provided herein.

Each sub-committee shall meet as necessary and as funded to accomplish its assigned projects and/or oversee its assigned programs. The chair of each sub-committee shall report at regular intervals to his or her sub-committee’s enabling committee which shall determine recommendations and resolutions as needed for submission to the Board of Trustees and/or House of Delegates. Sub-committees specifically referenced in these bylaws shall be maintained in existence and charged with fulfilling the responsibilities assigned herein.

E. TASK GROUPS Subject to budgetary constraints, councils and committees may create temporary task groups as subordinate workgroups to assist the council or committee with one or more areas of responsibility. Task groups shall automatically terminate upon completion, expiration or removal of the task(s) assigned.

F. LIAISONS AND REPRESENTATIVES Subject to budgetary constraints, special qualifications recognized or otherwise established by the Board of Trustees, and annual confirmation by the Board of Trustees, the president may designate one or more persons to serve as liaisons or other special representatives of the FDA during the president’s term to other organizations, entities, governmental agencies, conferences, and coalitions for purposes of exchanging information and views concerning matters of importance to the FDA. Following each meeting or conference attended, each FDA liaison or other special representative shall report his or her activities, observations and recommendations to the president in a manner specified by the president for review and recommendation by the president to the appropriate body within the FDA.

SECTION 20. COMPOSITION A. MEMBERSHIP PREREQUISITE Except as provided herein, all council and committee members, including sub-council, sub-committee and task group members, and all liaisons and representatives of the FDA must be voting members in good standing of the FDA at the time of their appointment, and must maintain such membership during their term of office.

B. ELIGIBILITY All councils and committee members must be voting members, in good standing, of the FDA at the time of their appointment, and must maintain such membership during their term of office.

APPENDIX A: FDA Bylaws

C. EX OFFICIO MEMBERS The president shall serve as an ex officio member of all councils and committees of the FDA, without vote. The designated administrative staff member(s) shall serve as ex officio member(s) without vote.

D. BOARD OF TRUSTEES LIAISONS The president-elect, for the year in which he or she serves as president, shall recommend to the Board of Trustees for its approval the appointment of one (1) liaison from the Board of Trustees for each council and committee. Board of Trustees liaisons shall serve as resources to their assigned councils and committees without the right to vote except as set forth in this section. Terms of Board of Trustees liaisons to councils and committees shall be one year commencing at the close of the House of Delegates’ annual session with limits of two (2) terms per council or committee plus, when applicable, service in fulfillment of a predecessor’s unexpired term in the same capacity on the same council or committee.

E. CONSULTANTS Councils, sub-councils, committees, sub-committees and task groups may request the assistance of one or more non-voting consultants when the need for special assistance can be demonstrated, such as technical qualifications, dental specialization, and/or geographical advantages are deemed essential to the fulfillment of a specific task or program. Such requests shall be made to the president with funding requirements subject to Board of Trustees approval. Specialty consultants, when needed, shall be solicited through state specialty societies. Consultants shall only serve for the duration funded.

F. SIZE, TERM & TENURE 1. Councils Except as provided herein, councils shall each be composed of six members, with representation from each component dental association as provided in Section 30 of this Chapter.

In addition, CDEL shall incorporate three ASDA Chapter Designees as non-voting student consultants, and the Sub-council on the New Dentist (which meets with the COM) shall incorporate three ASDA Chapter student consultants.

Student consultants shall be selected from accredited Florida dental schools on a rotational basis and will include student representatives from the ASDA chapters at the University of Florida, College of Dentistry, Nova Southeastern University College of Dental Medicine and Lake Erie College of Osteopathic Medicine, School of Dental Medicine (LECOM). The ASDA representatives shall serve a one year term. The ASDA chapter sending representative(s) shall be responsible for costs associated with attendance at FDA agency meetings.

Council terms for component dental association designated members shall be two (2) years with a maximum of four (4)

29

consecutive terms per council plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same council. Each council shall select a nominee for chair and vice-chair, from the component dental association designated members, for the next fiscal year by its last meeting of the previous fiscal year with both offices subject to Board of Trustees approval for an annual term ending at the close of the House of Delegates’ annual session. Council chairs and vice-chairs may serve up to three consecutive terms. The Board of Trustees liaison has the right to vote only in the initial selection of a nominee for council chair or vice-chair and only in instances where there is an even number of council members voting.

2. Sub-Councils Except as provided herein, sub-councils shall consist of a chair and two additional members. The chair of each sub-council shall be a member of the parent council designated by the parent council’s chair for a one (1) year term with the sub-council chair serving a maximum of three consecutive terms on the same sub-council plus, when applicable, service in fulfillment of a predecessor’s unexpired term as chair of the same sub-council. Except as provided herein, the chair of each sub-council shall select up to two (2) additional members from within or outside the originating council to serve as voting members of the sub-council. Members of sub-councils shall serve one (1) year terms subject to a maximum of three (3) consecutive terms on the same sub-council plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same sub-council. All members of the sub-council shall have the right to vote.

3. Committees Except as provided in these Bylaws: a. Committees shall be composed of six members, with representation from each component dental association as provided in Section 30 of this Chapter. b. Committee members shall serve one (1) year terms with a maximum of four consecutive terms on the same committee plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same committee. c. The president shall designate the chair and vice chair of each committee of the Executive Cabinet, Board of Trustees and House of Delegates for one year terms, limited to three (3) consecutive terms per committee.

sub-committee shall be a member of the parent committee designated by the parent committee’s chair for one (1) year terms. Sub-committee chairs may serve a maximum of three consecutive one (1) year terms on the same sub-committee plus, when applicable, service in fulfillment of a predecessor’s unexpired term as chair of the same sub-committee. The chair of each sub-committee shall select up to two (2) additional members from within or outside the originating committee to serve as voting members of the sub-committee for one (1) year terms subject to a maximum of three (3) consecutive terms on the same sub-committee plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same sub-committee. All three (3) members of the sub-committee have the right to vote.

5. Task Groups Task groups shall consist of a chair and two additional members. The chair of each task group shall be a member of the parent council or committee designated by the parent council or committee’s chair for one (1) year terms. Task group chairs may serve a maximum of two (2) consecutive one (1) year terms on the same task group plus, when applicable, service in fulfillment of a predecessor’s unexpired term as chair of the same task group. The chair of each task group shall select up to two (2) additional members from within or outside the originating council or committee to serve as voting members of the task group. All three (3) members of the task group have the right to vote.

6. Liaisons and Representatives Persons serving as liaisons or other special representatives of the FDA to other organizations, entities, governmental agencies, conferences, and coalitions shall serve one year terms with a limit of six (6) consecutive terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term, subject to recommendation by the president and annual confirmation by the Board of Trustees.

SECTION 30. TERM OF OFFICE AND TENURE A. COUNCILS Members of all councils shall serve for two-year terms with terms commencing immediately following the close of the House of Delegates’ annual session in June. The component dental associations may limit the number of consecutive terms of their council representatives.

4. Sub-Committees Except as provided herein, sub-committees shall consist of a chair and two additional members. The chair of each

30

APPENDIX A: FDA Bylaws

B. COMMITTEES Members of all committees shall serve a term for the existence of the committee with appointments reconfirmed annually, except that the members of the committee on Conventions and Continuing Education, who are designated by the component dental associations, shall serve three-year terms with no limits on the number of terms. The general chair of the committee on Conventions and Continuing Education shall serve a threeyear term, with a maximum of two consecutive terms.

SECTION 40. APPOINTMENT A. COUNCILS Except as provided herein with respect to the composition of special committees, committees having special representation requirements, and special sub-councils, each component dental association shall nominate one of its members for consideration to fill the expired term(s) of council and committee members. Resolutions creating councils shall stagger terms of council members so as to maximize stability and continuity on each such council. The president-elect, with the approval of the Board of Trustees, shall appoint one member from each component dental association to serve on each available council and committee position which has terms commencing during the president-elect’s term as president. The president-elect, with the approval of the Board of Trustees, shall also appoint liaisons and representatives of the FDA for terms commencing on or after the commencement date of the president-elect’s term as president.

B. COMMITTEES Members shall be appointed by the president according to expertise in the specific area of activity as such expertise may be specified in the committee’s enabling resolution. The president shall designate one member to serve as chair whose credentials are consistent with those specified, if any, in the committee’s enabling resolution. In the event a committee is formed after March 31st and the committee is not expected to fulfill its charge prior to the close of the House of Delegates’ next annual session, the responsibility for appointing members of the committee shall lie with the president-elect who shall, with the approval of the Board of Trustees, appoint the initial members of the committee, including its chair with initial terms of committee members running through the conclusion of the president-elect’s upcoming term as president.

SECTION 50. VACANCIES A. COUNCILS 1. Members – In the event of a vacancy in the membership of a council, the president, in consultation with the component dental association president, shall appoint a member from that component dental association to fill such vacancy for the unexpired term. In the event of a vacancy in the membership of a council where the member vacating the council chairs a

APPENDIX A: FDA Bylaws

sub-council, the chair of the council shall designate another member of the council to chair the sub-council. Other vacancies on sub-councils shall be filled by the sub-council’s chair in accordance with provisions governing the appointment of sub-council members.

2. Chair – In the event of a vacancy in the chair’s or vice-chair’s position on a council, the council shall elect subject to Board of Trustees approval another council member to fill such a vacancy for the unexpired term and the president shall fill the membership vacancy according to paragraph A(1) of this section.

B. COMMITTEES 1. Members – In the event of a vacancy in the membership of a committee, the president shall appoint a member from the same component, in consultation with the component’s president, or, when special credentials or terms of committee members are specified in the committee’s enabling resolution, appoint such other members as appropriate to fill such vacancy. In the event of a vacancy in the membership of a committee where the member vacating the committee chairs a sub-committee, the chair of the committee shall designate another member of the committee to chair the sub-committee. Other vacancies on sub-committees shall be filled by the sub-committee’s chair in accordance with provisions governing the appointment of sub-committee members.

2. Chair – Except as provided herein, in the event of a vacancy in the chair’s or vice-chair’s position on a committee, the president shall appoint a committee member to fill such vacancy and fill the membership vacancy according to paragraph B(1) of this section.

C. TASK GROUPS In the event of a vacancy in the membership of a council or committee where the member vacating the council or committee chairs a task group, the chair of the council or committee shall designate another member of the council or committee to chair the task group. Other vacancies on task groups shall be filled by the task group’s chair in accordance with provisions governing the appointment of task group members.

SECTION 60. DUTIES Within the scope of each body’s assigned subject areas and related assignments and referrals, the duties of the councils and committees of the FDA shall include: A. to perform the duties prescribed by the council or committee’s enabling body Executive Cabinet, the Board of Trustees and the House of Delegates as directed by the Board of Trustees ad interim, in addition to the duties specified in the Council, Committee and Task Work Group and Committee Manual approved by the Board of Trustees which shall not be in conflict with these bylaws; B. to submit the following reports to the Executive Cabinet or the Board of Trustees immediately following each council or committee meeting a report of the council or committee recommendations and resolutions:

31

1) written semi-annual report of the activities of the council or committee to its enabling body; 2) interim, special and/or supplemental reports as needed or directed to the council or committee’s enabling body, with a copy to the Board of Trustees, the treasurer, the speaker of the House and the executive director if the report is directed to the House of Delegates; 3) reports on the council or committee’s progress with respect to assigned objectives, and all other matters that have occupied council or committee business or utilized association resources under the stewardship of the council or committee; and 4) interim reports should be submitted to the Executive Cabinet, Board of Trustees or House of Delegates for information purposes; 5) special reports shall be submitted to the Executive Cabinet, Board of Trustees or House of Delegates as directed; and 6) a proposed itemized budget of anticipated expenditures of the council or committee for the ensuing fiscal year to the executive director for compilation and submission to the Council on Financial Affairs and treasurer for review and recommendation to the Board of Trustees and House of Delegates.

C. to remain abreast of changes in Association policies, goals, objectives and strategies that pertain to the council or committee’s designated subject areas and related assignments and referrals; D. to recommend the establishment or modification of policy pertaining to any matter within the council or committee’s designated area(s) of responsibility or purview; E. to recommend new or revised association goals or objectives; F. to oversee the administration of assigned projects and programs provided such assignments are: 1. within the realm of the council or committee’s designated subject matter(s) and no other council or committee has already been assigned such responsibility; 2. presently encompassed within one or more of the association’s established strategic objectives; 3. in response to a real and immediate opportunity or threat not previously anticipated or prioritized in the Association’s strategic plan when authorized by the Board of Trustees or by strategic guidelines established by the House of Delegates; G. to ensure that the council or committee has ample decision-making authority or strategic guidance to fulfill its charge or to undertake a new initiative; H. to operate in close conformity with policies and procedures established by the House of Delegates and/or the Board of Trustees governing the operation of all councils and/or committees;

J. to remain cognizant of and fiscally responsible for all resources allocated for use by the council or committee or in support of projects under administration by the council or committee.

K. to seek the establishment of one or more standing sub-councils or sub-committees, as applicable, when needed to assist the council or committee with recurring projects or programs, and to utilize task groups when appropriate to assist the council or committee with non-recurring tasks, as appropriate, in fulfilling the full scope of its responsibilities.

SECTION 70. MEETINGS Councils and committees shall meet periodically as needed and funded to facilitate the timely and effective completion of assigned duties. The location of council and committee meetings shall be determined by the body’s chair in consultation with its members and assigned staff with due consideration given to the advantages and disadvantages of both in-person and electronic forms of meetings and communications. All meetings of councils and committees, as well as all meetings of sub-councils, sub-committees and task groups, shall be subject to budgetary constraints, travel reimbursement policies and procedures, facility arrangements, notice requirements, material submission and agenda distribution deadlines, and such other guidelines established by the Board of Trustees.

SECTION 80. SPECIAL COMMITTEES AND WORKGROUPS

monitoring and directing the association’s activities and positions on all legislative and regulatory matters affecting the dental profession and the dental health of the public in Florida in between sessions of the House of Delegates and Board of Trustees. When action is deemed essential that is either contrary to or not currently addressed by association policy or strategic guidelines, and if time permits, the committee is charged with seeking appropriate policy guidance from the Board of Trustees and House of Delegates. If, in situations deemed to be an emergency by a majority of committee members, where time is of the essence or other circumstances necessitate immediate action, the committee is authorized to take appropriate interim action on behalf of the association provided such action is promptly reported to the Board of Trustees, speaker of the House, and the Council on Ethics, Bylaws & Judicial Affairs.

The Governmental Action Committee shall consist of ten (10) voting members as follows: a. one (1) representative from each of the six (6) components appointed in the manner described in Section 30 of this Chapter; b. the FDA’s chief liaison to the Board of Dentistry appointed by the president and approved by the Board of Trustees; c. the president of the FDA who shall only vote in case of a tie;

A. The following committees of the Board of Trustees shall fulfill their responsibilities in accordance with policy and strategic guidelines of the association:

d. the president-elect of the FDA; and

1. THE COMMITTEE ON CONVENTIONS AND CONTINUING EDUCATION shall be responsible for planning and managing the FDA’s annual convention and scientific trade show. The committee shall have thirteen (13) members with two (2) members designated by each component and approved by the Board of Trustees to serve three (3) year terms with no limit on the number of terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same committee and one (1) member designated by the Board of Trustees as the general chair of the committee to serve three (3) year terms with a maximum of two cumulative terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term as general chair of the same committee. In the event of a vacancy in the general chair, the president shall appoint a member of the committee to serve as Chair Pro Tem until the Board of Trustees designates a replacement general chair for the duration of the unexpired term.

The president of the FDA shall chair the Governmental Action Committee. Members of the committee shall serve one (1) year terms with a maximum of six (6) consecutive terms regardless of the capacity in which they serve as members plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same committee.

2. POLITICAL COMMITTEES Political action committees may be formed as authorized under Florida or federal law whose composition shall be as authorized in each such committee’s bylaws.

3. GOVERNMENTAL ACTION COMMITTEE

I. to seek adequate resources to enable the council or committee to fulfill its assigned duties;

The Governmental Action Committee shall be responsible for

32

APPENDIX A: FDA Bylaws

e. the immediate past-president of the FDA.

4. LEADERSHIP DEVELOPMENT COMMITTEE The Leadership Development Committee will be responsible for planning and operating the FDA’s Leadership Institute and for the solicitation, evaluation and recommendation of nominees for the offices of speaker of the House, treasurer, treasurer-elect, and editor, and such other elected and appointed positions enumerated in the bylaws; provided, however, that the Leadership Development Committee shall play no role in soliciting, determining the qualifications of, and evaluating candidates for the office of Executive Director. The committee described in the FDA Bylaws, Chapter VI (Board of Trustees), Section 30 (Rights and Duties), Paragraph B (Duties), Sub-paragraph 1, shall be exclusively responsible for soliciting, determining the qualifications of, evaluating candidates for, and making recommendations for appointments to the office of Executive Director.

The Leadership Development Committee will consist of a general chair, immediate past president, and one representative from each of the six (6) components appointed in the

APPENDIX A: FDA Bylaws

manner described in Section 30 of this Chapter. The general chair of the Leadership Development Committee shall be designated by the Board of Trustees for a term of two (2) years in duration subject to a maximum number of two (2) consecutive terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same committee. Training and experience prerequisites for serving as general chair of the Leadership Development Committee may be established by the House of Delegates. The Board may form a nominating committee of the Board to solicit and evaluate applicants and submit the names of one or more recommended candidates for the position of Leadership Development Committee chair to the Board for its consideration. Additional nominations may be made by any member of the Board. The general chair of the Leadership Development Committee shall only vote in case of a tie. Other committee members shall serve terms of two (2) years in duration subject to a maximum number of three (3) consecutive terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same committee. The immediate past president may not serve as the general chair of the Leadership Development Committee but shall be a voting member of the committee and shall serve a term of one (1) year commensurate with serving in the office of immediate past president.

The committee shall also have the following ex officio representatives recommended by the president and approved by the Board of Trustees to serve one (1) year terms for a maximum of two (2) consecutive terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term as ex officio representative to the same committee: a. a member of the Sub-council on New Dentist within the Council on Membership; b. a liaison of the Board of Trustees.

One or more consultants may be appointed to assist the committee in, among other matters, planning and implementing the FDA’s Leadership Institute or confidentially investigating and assessing the credentials of applicants for office.

Except as otherwise provided in these bylaws with respect to officer vacancies, no trustee nor any current FDA officer except the immediate past president may serve as a voting member, consultant or chair of the Leadership Development Committee.

5. AUDIT COMMITTEE The Audit Committee will be responsible for the planning and review of the FDA’s and related entities’ CPA audit, CPA audited financial statements, internal accounting controls and accounting procedures and policies, review and recommendation of audit and tax proposal engagement agreements for presentation to the Board of Trustees.

The Audit Committee will consist of a general chair, who is the current FDA Treasurer, and two other FDA members appointed by the FDA President and approved by the Board of Trustees. The current Treasurer-elect, when applicable, will automatically serve as a non-voting member of the Audit

33

Committee. The general chair of the Audit Committee shall serve for a term congruent with their term as FDA Treasurer.

The term of the other two members of the Audit Committee shall be designated by the Board of Trustees for a term of two (2) years in duration subject to a maximum number of two (2) consecutive terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same committee.

Training and experience prerequisites for serving on the Audit Committee may be established by the House of Delegates.

One or more consultants may be appointed to assist the committee in, among other matters, evaluating CPA firms’ audit and tax engagement proposals, the results of the fiscal year audit results, internal accounting control matters that effect the Association’s financial statements and assets. Except as otherwise provided in these bylaws with respect to council vacancies, no current component representative on the Council on Financial Affairs may serve as a voting member, consultant or general chair of the Audit Committee.

component and approved by the Board of Trustees who has been a dentist for ten (10) years or less who is not also a representative on the Council on Membership with each such representative on the Subcouncil serving two year terms limited to three consecutive terms on the same sub-council plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the same sub-council. The chair of the Subcouncil on New Dentist shall be one of the component representatives to the Subcouncil and shall be elected by the members of the Subcouncil for a maximum of three consecutive one year terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term as chair of the same sub-council. The chair of the Sub-Council on New Dentist shall report at regular intervals to the Council on Membership which shall determine recommendations and resolutions as needed for submission to the Board of Trustees and/or House of Delegates. All members of the Subcouncil on New Dentist, including its chair, shall have the right to vote. In addition to members of the Subcouncil on New Dentist, the President shall recommend and the Board of Trustees shall approve one non-voting liaison from the Board of Trustees to attend all Subcouncil on New Dentist meetings.

6. EXECUTIVE DIRECTOR REVIEW COMMITTEE

CHAPTER X. GENERAL MEETINGS

The Executive Director Review Committee shall be a standing committee of the Board of Trustees responsible for reviewing the Executive Director’s performance and making annual recommendations to the Board of Trustees. The Executive Director Review Committee will consist of the current FDA President, who shall serve as the chair of the ED Review Committee and who shall have a vote on the committee; the five (5) other FDA line officers who shall each have a vote as committee members; up to two (2) consultants without vote to be appointed by the FDA President with approval from the Board of Trustees from former line officers or BOT members with experience in managing the Executive Director; and the FDA Treasurer and Treasurer-elect, when applicable, as a consultant without vote. The line officers and Treasurer shall serve terms on the ED Review Committee that are congruent with their respective terms. The consultant(s) appointed by the President shall serve a one-year term subject to a maximum of two (2) consecutive terms and four (4) cumulative terms plus, when applicable, service in fulfillment of a predecessor’s unexpired term on the committee.

SECTION 10. ANNUAL SESSION OF THE FDA

The Treasurer as general chair shall also serve as liaison to the Board of Trustees.

B. The following standing sub-councils having special representation requirements are hereby established: 1. Subcouncil on the New Dentist The Subcouncil on the New Dentist is established under the Council on Membership and charged with developing recommendations relating to the circumstances and special needs of newer dentists. The Subcouncil on New Dentist shall be maintained in existence and shall meet as necessary and as funded to accomplish its assigned projects and/or oversee its assigned programs relating to the circumstances and special needs of newer dentists. The Subcouncil on the New Dentist shall consist of a representative from each component designated by the

34

There shall be one general meeting of the FDA each year, at which will be scheduled the annual session of the House of Delegates and other activities as directed by the House of Delegates or Board of Trustees. This general meeting shall be known as the annual session of the FDA. A. TIME AND PLACE The time and place of each annual session of the FDA will be determined by the Board of Trustees as far in advance as possible, but no later than the time of the previous annual session.

B. NOTICE OF MEETING The secretary of the House shall cause to be published in an official publication of the FDA notice of the time and place the annual session is to convene.

SECTION 20. SCIENTIFIC SESSION A. ANNUAL SCIENTIFIC SESSION A scientific session will be conducted each year for the purpose of presenting scientific, technical, and educational information designed to encourage advancement of the art and science of dentistry, to bring about standardization of methods and materials and to improve the professional competence of the dentist.

B. ADDITIONAL SCIENTIFIC SESSIONS Additional scientific sessions, in the form of seminars, symposiums and workshops, may be scheduled from time to time by the Board of Trustees for the purpose of improving scientific and technical communication and encouraging education and training at all levels of the dental profession.

APPENDIX A: FDA Bylaws

SECTION 30. ADMISSION TO GENERAL MEETINGS A. MEMBERS All members of the FDA shall be entitled to admission to general meetings of the FDA.

a special one-year term as an “automatic” alternate delegate.

Remaining “at-large” alternate delegates shall be elected by the FDA’s House of Delegates at its semi-annual meeting immediately preceding the commencement of each “at-large” alternate delegate’s term.

SECTION 30. DURATION OF DELEGATE SERVICE

B. NON-MEMBERS

A. TERM

Non-members of the FDA may be admitted to general meetings of the FDA in accordance with rules and regulations established by the Board of Trustees.

All delegates shall serve for three-year terms. All alternate delegates shall serve two-year terms except the FDA’s first vice-president who shall serve a special one-year term as an “automatic” alternate delegate. Any member who has served a total of six or more years as a delegate, alternate delegate, or both prior to seeking an additional term as a delegate or alternate delegate (except an additional term as an “automatic” delegate or alternate delegate) must first seek a recommendation from the entire delegation without vote by the member affected. The delegate’s recommendation process shall not, however, preclude an individual from seeking additional terms.

CHAPTER XI. DELEGATION TO THE HOUSE OF DELEGATES OF THE AMERICAN DENTAL ASSOCIATION AND ADA DISTRICT TRUSTEE SECTION 10. REPRESENTATION TO ADA HOUSE OF DELEGATES The representatives of the FDA to the House of Delegates of the American Dental Association (referred to in this chapter as “delegation”) shall consist of voting members of the FDA who are selected to serve as delegates and alternate delegates in accordance with this chapter.

B. STAGGERING OF TERMS

SECTION 20. SELECTION OF ADA DELEGATES

The terms of delegates shall be staggered in order to ensure that approximately two-thirds of the delegation has had experience in the previous year. The terms of alternate delegates (except the automatic alternate delegate) shall be staggered to maximize continuity of service from year to year.

A. DELEGATES

C. COMMENCEMENT OF OFFICE

Each component dental association shall designate to the FDA’s House of Delegates for its consideration one voting member of the FDA to serve as a “component-designated” delegate on the delegation. Delegates selected by each component shall be designated at least 45 days prior to the commencement of the semiannual session of the FDA’s House of Delegates that immediately precedes the beginning of the delegate’s term. No past-president of the FDA may serve as a component-designated delegate. In addition to delegates selected by components, each year the FDA’s president-elect shall commence serving a three-year term as an “automatic delegate” to run concurrently with his or her three-year rotation through the offices of president-elect, president and immediate past president of the FDA. The remainder of the delegates shall consist of “at-large” delegates to be elected by the FDA’s House of Delegates at its semiannual meeting that immediately precedes the commencement of each “at-large” delegate’s term.

Delegates and alternate delegates shall assume office upon adjournment of the annual session of the FDA’s House of Delegates that immediately follows the semiannual session at which they were elected.

B. ALTERNATE DELEGATES Each component dental association shall designate to the FDA’s House of Delegates for its consideration one voting member of the FDA to serve as a “component-designated” alternate delegate on the delegation. Components shall select alternate delegates at least 45 days prior to the commencement of the semiannual session of the FDA House of Delegates that immediately precedes the beginning of the alternate delegate’s term.

No past president of the FDA may serve as a component-designated alternate delegate. In addition to alternate delegates selected by components, the FDA’s first vice president shall serve

APPENDIX A: FDA Bylaws

SECTION 40. DELEGATION PERFORMANCE Following the close of each American Dental Association annual session, the delegation shall undertake an evaluation of its effectiveness as a group. The evaluation process shall take into consideration the range of attributes that collectively comprise an effective delegation as determined by the delegation as a whole. Upon request, the consolidated results of the delegation’s annual evaluation process may be provided to any component president, FDA officer or trustee, or member of the FDA House of Delegates.

SECTION 50. DELEGATE ABSENCES AND VACANCIES A. ABSENCES In the event of a delegate’s absence from the delegation, the delegation chairperson, with the approval of the FDA’s president, shall appoint an alternate delegate to temporarily fill the position.

B. VACANCIES In the event of a vacancy in the position of a component-designated delegate, the designated alternate delegate from the affected component dental association shall fill the position until

35

the vacancy is filled for the unexpired term at the next session of the FDA’s House of Delegates in accordance with the procedures set forth in Section 2 of this chapter with the exception of the 45-day notice prerequisite, which shall not apply. In the event of a vacancy in the position of an “at- large” delegate, the delegation chairperson, with the approval of the FDA’s president, shall appoint an alternate delegate to fill the position until the vacancy is filled for the unexpired term at the next session of the FDA’s House of Delegates. In the event of a vacancy in the position of an automatic delegate or automatic alternate delegate, the elective officer serving the remainder of the vacating officer’s unexpired term as an officer shall likewise serve the remainder of the vacating officer’s term as a delegate or alternate delegate except, in the event an individual is unable to serve as a member of the ADA House of Delegates by operation of the ADA’s bylaws or other applicable law but is able to continue serving as an FDA elective officer who would otherwise be eligible to serve as an automatic delegate to the ADA House, the officer’s automatic position on the delegation shall remain vacant until such time as the officer may again lawfully serve as a member of the ADA House of Delegates with the duration of the vacancy in the officer’s automatic position on the delegation to be temporarily occupied by a special at-large delegate whose position shall be filled by election at the next session of the FDA’s House of Delegates. In the event of a vacancy in the position of component-designated alternate delegate, the affected component dental association shall select a replacement candidate who will complete the vacating alternate delegate’s unexpired term and who shall be considered by the House of Delegates in accordance with the procedures set forth in Section 2 of this chapter with the exception of the 45-day notice prerequisite, which shall not apply. In the event of a vacancy in the position of at-large alternate delegate, the position shall remain vacant until the next session of the FDA’s House of Delegates when the vacancy shall be filled for the remainder of the unexpired term.

SECTION 60. DELEGATION OFFICERS A. SELECTION OF CHAIR The delegation shall select a chair from among its own numbers who shall serve a one-year term with a maximum of three terms. The chair and vice chair may serve a maximum of six combined consecutive one year terms after which they may only serve additional terms of either office after incurring at least a one-year hiatus or vacancy from both offices.

D. COMMENCEMENT AND CONTINUATION OF OFFICE Delegation officers shall assume office when elected and shall serve until successors are elected and assume office.

SECTION 70. ADA DISTRICT TRUSTEE A. NOMINATION Candidates for the office of ADA district trustee may be nominated by the Delegation to the ADA House of Delegates, the Board of Trustees or the House of Delegates with the Delegation to the ADA House electing the nominee subject to confirmation by the House of Delegates as the Florida Dental Association’s district trustee nominee to the ADA House of Delegates B. EX OFFICIO MEMBER The ADA District Trustee shall be an ex officio member of the Executive Cabinet and Board of Trustees without the right to vote.

SECTION 80. OTHER ADA DISTRICT REPRESENTATION A. NOMINATION Candidates for appointment or election as ADA trustee district representatives to councils, committees and commissions of the American Dental Association shall be nominated by the Board of Trustees for consideration by the ADA District Trustee who shall confer with the officers of the Delegation prior to making his or her final selection.

SECTION 20. DISCIPLINE OF MEMBERS Rules governing conduct subject to discipline, disciplinary measures, and disciplinary procedures shall be determined by the House of Delegates and published in conjunction with the Code of Ethics.

CHAPTER XV. AMENDMENTS The bylaws and the Code of Ethics of the FDA may be amended, altered, adopted, or rescinded as follows: A. by a two-thirds affirmative vote of the members of the House of Delegates present and voting at any session of the House of Delegates, provided the proposed alterations, amendments, or revisions are posted on the members-only side of the FDA’s main website and that an e-mail blast to all members for whom the association has e-mail addresses is done at least 30 days in advance of that session of the House of Delegates; or

CHAPTER XIII. INDEMNIFICATION

36

APPENDIX A: FDA Bylaws

C. WHIP

The Code of Ethics of the FDA as adopted by the House of Delegates and the code of ethics of each component dental association, which are not in conflict with the Code of Ethics of the FDA, shall govern the professional conduct of all members.

The delegation may establish operating procedures to govern its effectiveness and establish rights and duties of its officers and members provided such procedures are approved by the House of Delegates and are not otherwise in conflict with these bylaws.

The delegation shall select a whip from among their own numbers who shall serve a one-year term with no limitations on the number of terms.

The delegation shall select a vice chairperson from among their own number who shall serve a one-year term with a maximum of three terms.

SECTION 10. PROFESSIONAL CONDUCT OF FDA MEMBERS

B. at any session of the House of Delegates by a three-fourths affirmative vote of the members present and voting, provided the proposed alterations, amendments, or revisions shall have been presented in writing at a previous meeting of the session and provided that unanimous consent has been obtained for their consideration.

SECTION 90. DELEGATION MANUAL

The FDA shall indemnify and hold harmless each association trustee, officer, council member, committee member, staff member, component and affiliate officer, and those members of the association acting in an official capacity on behalf of the association from and against any and all claims and liabilities to which they may be or become subject by any reason of acting in their official or representative capacity of the FDA, or any reason of alleged acts, or omissions as an officer, or representative member, or employee as aforesaid, and shall reimburse each person defined herein for all legal and other expenses reasonably incurred in connection with defending against any such claims or liabilities, provided, however, that no person as defined shall be indemnified against or reimbursed for any expenses incurred because of willful misconduct. The foregoing rights shall not be exclusive of any rights to which said persons may be lawfully entitled.

B. SELECTION OF VICE CHAIRPERSON

CHAPTER XIV. CODE OF ETHICS

APPENDIX A: FDA Bylaws

37

APPENDIX B: 2014 LEGISLATIVE ISSUES

PROHIBITING UNFAIR CHARGES FOR NON-COVERED SERVICES

The FDA’s Governmental Action Committee, in collaboration with the FDA Board of Trustees and the FDA House of Delegates, prepare for each legislative session by developing an issues sheet outlining dental-related priorities to be addressed during session. The following is a list of dental issues for the 2014 Session:

SUPPORT CS/CS/HB 31 by Rep. Ron Renuart and CS/SB 86 by Sen. Jack Latvala

SUPPORT PROHIBITING UNFAIR CHARGES FOR NON-COVERED SERVICES (SIGNED BY THE GOVERNOR) ●● CS/CS/HB 31 by Rep. Ron Renuart ●● CS/SB 86 by Sen. Jack Latvala

KEEP DENTAL FUNDS SEPARATE (MEDICAID) ●● CS/HB 27 by Rep. Jose Diaz ●● CS/SB 340 by Sen. Anitere Flores

SOVEREIGN IMMUNITY FOR DENTISTS (SIGNED BY THE GOVERNOR) ●● HB 97 by Rep. MaryLynn Magar ●● CS/SB 142 by Sen. Alan Hays

DENTAL STUDENT LOAN REPAYMENT PROGRAM ●● HB 621 by Rep. Cary Pigman ●● SB 344 by Sen. Anitere Flores

DENTAL WORKFORCE SURVEY (PUBLIC RECORDS EXEMPTION) (SIGNED BY THE GOVERNOR) ●● HB 457 by Rep. Gayle Harrell ●● SB 520 by Sen. Garrett Richter

HEALTH ACCESS DENTAL LICENSE RE-ENACTMENT (SIGNED BY THE GOVERNOR) ●● SB 664 by Senate Health Policy Committee

MAINTAIN THE ADULT DENTAL MEDICAID PROGRAM INCREASE MEDICAID DENTAL PROVIDER REIMBURSEMENT FEES MAINTAIN EDUCATIONAL STANDARDS FOR INTERNATIONALLY-TRAINED DENTISTS

OPPOSE MEDICAID PROVIDER NUMBER FOR DENTAL HYGIENISTS

MONITOR IMPLEMENTATION OF THE AFFORDABLE CARE ACT 38

APPENDIX B: 2014 Legislative Issues

Committee and Floor Action Update: On June 13, CS/SB 86 was signed into law by the governor. The act went into effect on July 1.

On May 1, CS/SB 86 unanimously passed off the Senate floor. CS/SB 86 is now on its way to the governor.

On April 28, the House substituted CS/CS/HB 31 with CS/SB 86. The House then amended CS/SB 86 to make it identical to CS/CS/HB 31. CS/SB 86 unanimously passed off the House floor and will be sent back to the Senate.

On April 10, CS/CS/HB 31 passed unanimously out of the House Health & Human Services Committee. CS/CS/ HB 31 now heads to the House floor.

On March 25, CS/CS/HB 31 passed unanimously out of the House Insurance & Banking Subcommittee. CS/CS/ HB 31 now heads to the House Health & Human Services Committee.

On March 18, CS/SB 86 passed off of the Senate floor.

CS/SB 86 now heads to the House for consideration.

On March 11, SB 86 passed the Senate floor on second reading and was rolled to third reading. It is now ready for a final Senate floor vote.

On March 5, CS/HB 31 passed unanimously out of the House Health Innovation Subcommittee. CS/HB 31 now heads to the House Insurance & Banking Subcommittee.

On Feb. 19, CS/SB 86 passed unanimously out of the Senate Rules Committee. CS/SB 86 now heads to the Senate floor.

On Feb. 5, CS/SB 86 passed unanimously out of the Senate Appropriations Committee. CS/SB 86 now heads to the Senate Rules Committee.

On Dec. 10, SB 86 passed unanimously out of the Senate Banking and Insurance Committee. SB 86 now heads to the Senate Appropriations Committee.

On Oct. 8, SB 86 passed unanimously out of the Senate Health Policy Committee. SB 86 now heads to the Senate Banking and Insurance Committee.

The FDA supports legislation that will stop insurance companies from setting charges for services not cov-

APPENDIX B: 2014 Legislative Issues

ered in the dental plan (non-covered services). Some insurance companies are strong-arming dentists to sign contracts and agree to steep discounts on non-covered services. Dentists do not have the option to negotiate and are presented with contracts on a take it or leave it basis — potentially resulting in the dentist not being highlighted in the insurance network provider directory as an available provider.

The National Conference of Insurance Legislators (NCOIL), an organization of state legislators who are well-versed in the area of insurance regulation, voted to SUPPORT a legislative model banning fee schedules for non-covered dental services. Many legislators active in NCOIL either chair or are members of the committees responsible for insurance legislation in their respective state. The Health, Long-Term Care and Health Retirement Issues Committee of NCOIL studied and debated this model for almost a year before supporting the measure with a majority vote. NCOIL sent a strong message to the states that fees for non-covered services should not be artificially capped.

This is not a Florida-specific problem. Similar bills have now passed in 33 other states: Alabama, Arkansas, Arizona, California, Connecticut, Georgia, Idaho, Iowa, Illinois, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Mississippi, Montana, Nebraska, North Carolina, North Dakota, New Mexico, Nevada, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Virginia, Washington, Wisconsin and Wyoming. Twenty-five of these states have adopted the NCOIL recommended language, which defines what is considered a “covered service” for payment purposes.

Without the Legislature’s help, this unfair practice will continue to jeopardize many long-term established patient/dentist relationships. These contract provisions will eventually diminish access to specialty care for consumers, while discouraging dentists from being innovative in their approach in outlining alternative treatment options for their patients.

Furthermore, this unfair practice by insurance companies is mixing discount medical plans with insurance plans when they should be two distinct and separate entities (contracts). According to s. 636.202 (1), Florida Statutes, which defines a discount medical plan: “The term ‘discount medical plan’ does NOT include any product regulated under chapter 627, chapter 641 or part I of this chapter.” Therefore, insurance companies should at least present the dentist with two separate contracts and not mix the two products into one contract.

39

Specifically, the FDA supports legislation that will prohibit Florida insurance preferred provider organizations (PPOs, chapter 627), health maintenance organizations (HMOs, chapter 641) and prepaid limited health service organizations (PLHSOs, chapter 636, part I) from imposing these types of contract provisions on dentists for services not covered by the plan.

KEEP DENTAL FUNDS SEPARATE (MEDICAID) SUPPORT CS/HB 27 by Rep. Jose Diaz and CS/SB 340 by Sen. Anitere Flores Committee Update: CS/CS/HB 27 was never heard on the House floor. CS/SB 340 was never heard in the Senate Governmental Oversight and Accountability Committee. Both bills died Sine Die. On April 3, CS/CS/HB 27 passed out of the House Health & Human Services Committee. CS/CS/HB 27 now heads to the House floor.

On March 19, CS/SB 340 passed out of the Senate Community Affairs Committee. CS/SB 340 now heads to the Senate Governmental Oversight and Accountability Committee.

On Feb. 11, CS/HB 27 passed out of the House Health Innovation Committee. CS/HB 27 now heads to the House Health & Human Services Committee.

On Jan. 8, SB 340 passed out of the Senate Health Policy Committee. SB 340 now heads to the Senate Community Affairs Committee.

During the 2011 Session, legislation passed to transition all Medicaid services to managed care by October 2014.

This means that Medicaid health care providers will no longer contract directly with the Agency for Health Care Administration (AHCA) to provide services. Instead, providers will now be required to contract with a managed-care company directly for services and reimbursements to participate in the Medicaid program.

Also, during the 2011 Session, the Legislature authorized AHCA to transition all pediatric dental care to managed-care dental plans. As of December 2012, MCNA and DentaQuest operate as the contracting entities for Medicaid dental providers to provide care under the Prepaid Dental Health Plan (PDHP). Many concerns have been expressed by FDA-member dentists who participate in the PDHP. Several issues that continually need resolving include prior authorization require-

40

ments, timeliness of paying claims and provider grievances, just to name a few. Resolving these concerns will help to ensure provider participation in the PDHP and help increase access to dental care for children enrolled in Medicaid.

As the state transitions all Medicaid recipients into managed-care plans, the FDA supports keeping dental funds separate from medical funds. Funding for dental services in the state budget is extremely limited. Of the $22 billion Medicaid budget, less than 1 percent is spent on dental care. The FDA would like to see a continuation of the separate payment methodology for Medicaid dental services. This would result in a less complicated system and ensure that more tax dollars go toward patient care and less towards program administration. Additionally, encounter data is crucial in determining whether dental services are actually being used in a managed-care model. The FDA also supports legislation that would provide dentists the option of receiving reimbursements on a fee-for-service or capitation basis, not limited to capitation.

CS/HB 27 by Rep. Jose Felix Diaz (R-Miami) and CS/ SB 340 by Sen. Anitere Flores (R-Miami) are supported by the FDA and attempt to keep dental separate from medical. CS/HB 27 and CS/SB 340 have been amended to clarify that dental services will remain as a part of the Managed Medical Assistance (MMA) Program roll-out, which began in May 2014. However, it requires AHCA to seek federal approval from the Centers for Medicare and Medicaid Services (CMS) to implement a statewide prepaid dental program with enrollment beginning no later than Sept. 1, 2015. After federal approval is granted, dental funds will be separate from medical funds in the Medicaid program. Once this happens, CS/HB 27 and CS/SB 340 require AHCA to contract with at least two dental managed-care plans when implementing the statewide prepaid dental program. It also requires a medical loss ratio of 85-to-15 to ensure that 85 percent of funds appropriated to the statewide prepaid dental program go toward patient care and only up to 15 percent can go toward program administration.

Originally, AHCA would extend the existing contracts with MCNA and Dentaquest. However, an amendment was adopted onto CS/SB 340 that removes that language. It now directs AHCA to do a competitive procurement of the contracts once the federal waiver is approved to create the statewide prepaid dental managed-care program and all existing contracts become null and void. This will allow for additional dental

APPENDIX B: 2014 Legislative Issues

managed-care plans to bid for these contracts, which the FDA supports, providing more competition and additional options for our members.The FDA will continue working with the bill sponsors and the two current dental managed-care plans, DentaQuest and MCNA, on including more provisions in law that would address the numerous issues (some which have been listed above) many Medicaid dental providers experienced in the recent transition to managed care.

SOVEREIGN IMMUNITY FOR DENTISTS SUPPORT HB 97 by Rep. MaryLynn Magar and CS/SB 142 by Sen. Alan Hays Committee and Floor Action Update: On June 13, HB 97 was signed into law by the governor.

The act went into effect on July 1.

On May 1, HB 97 unanimously passed off the House floor.

HB 97 is now on its way to the governor.

On April 28, the Senate substituted CS/SB 142 with HB 97. The House then amended HB 97 to make it identical to CS/SB 142. HB 97 unanimously passed off the Senate floor and will be sent back to the House.

On April 22, CS/SB 142 passed unanimously out of the Senate Appropriations Committee. CS/SB 142 now heads to the Senate floor.

On March 12, HB 97 passed off of the House floor. HB 97 now heads to the Senate for consideration.

On March 11, HB 97 passed the House floor on second reading and was rolled to third reading. It is now ready for a final House floor vote.

On March 3, HB 97 passed unanimously out of the House Judiciary Committee. HB 97 now heads to the House floor.

On Feb. 20, HB 97 passed unanimously out of the House Health & Human Services Committee. HB 97 now heads to the House Judiciary Committee.

On Feb. 6, SB 142 passed unanimously out of the Senate Appropriations Subcommittee on Health and Human Services. SB 142 now heads to the Senate Appropriations Committee.

On Jan. 14, HB 97 passed unanimously out of the House Civil Justice Subcommittee. HB 97 now heads to the House Health & Human Services Committee.

Senate Judiciary Committee. SB 142 now heads to the Senate Appropriations Subcommittee on Health and Human Services.

On Oct. 8, SB 142 passed unanimously out of the Senate Health Policy Committee. SB 142 now heads to the Senate Judiciary Committee.

Throughout the state of Florida, dentists are volunteering to provide dental services either in their private practice or in a dental clinic through the Volunteer Health Care Provider Program (VHCPP), which operates in coordination with the Department of Health (DOH). Under the VHCPP, sovereign immunity is granted to health care providers, including dentists, who are not compensated when providing care because they are acting as an agent of the state.

For many years, dentists who have volunteered their services in these clinics have been paying for their patient’s dental laboratory fees out of their own pockets in order to maintain their sovereign immunity. Over a long period of time, this can be extremely difficult for volunteer dentists to maintain. Many volunteer dentists stated that several patients have offered to make contributions toward their dental lab fees, but the dentists have refused to accept these contributions because they are worried it will be perceived as compensation. Without specific clarification to address this issue, Florida may see a reduction in the number of dentists willing to participate as volunteers through the VHCPP. The FDA supports including a provision in s. 766.115, F.S. that would allow a patient, or a parent or guardian of the patient, to voluntarily contribute to the dental laboratory expenses associated with the care of the patient.

This contribution would not be considered compensation for the services and thus the shield of sovereign immunity would not be pierced. This change would help offset the administrative, supply and direct dental lab-related costs associated with these corresponding dental services. Furthermore, this change upholds the spirit of the law that “… the health care provider must receive no compensation.”

DENTAL STUDENT LOAN REPAYMENT PROGRAM SUPPORT HB 621 by Rep. Cary Pigman and SB 344 by Sen. Anitere Flores Committee Update:

On Jan. 14, SB 142 passed unanimously out of the

APPENDIX B: 2014 Legislative Issues

41

SB 344 was never heard in the Senate Education Committee. HB 621 was never heard in any of its committees of reference. Both bills died Sine Die.

On April 3, SB 520 passed the Senate floor on second reading and was rolled to third reading. It is now ready for a final Senate floor vote.

On Jan. 8, SB 344 passed unanimously out of the Senate Health Policy Committee. SB 344 now heads to the Senate Education Committee.

On April 3, HB 457 passed unanimously out of the House Health & Human Services Committee. HB 457 now heads to the House floor.

During the 2012 Session, legislation passed and was subsequently signed into law that eliminated the Florida Health Services Corporation program from the DOH. This was the program that authorized the dental student loan repayment program.

On March 26, HB 457 passed unanimously out of the House Government Operations Subcommittee.

HB 457 now heads to the House Health & Human Services Committee.

Previous law gave the state authority to implement a dental student loan repayment program; dental graduates were provided the opportunity to get their student loans repaid based on their commitment to provide services full time as a Medicaid provider in federally designated dental shortage areas. This program had been successful in many other states, such as California, Massachusetts and Washington. Florida participated in the student loan repayment program in years past, but had to forego its recurring funding in 1996 because of budget shortfalls. As the state continues to tackle accessto-care problems, it is anticipated that this program will help provide much needed access to dental care in these underserved areas.

During the 2007 Legislative Session, the Legislature appropriated $700,000 to reinstate the funding for the dental student loan repayment program, with proviso language to implement marketing strategies at both dental schools. Unfortunately, the governor vetoed the appropriations. The FDA will continue to pursue funding for this program.

DENTAL WORKFORCE SURVEY (PUBLIC RECORDS EXEMPTION) SUPPORT HB 457 by Rep. Gayle Harrell and SB 520 by Sen. Garrett Richter Committee and Floor Action Update: On June 13, SB 520 was signed into law by the governor.

The act went into effect upon becoming law on June 13.

On March 20, SB 520 passed unanimously out of the Senate Rules Committee. SB 520 now heads to the Senate floor.

On March 13, SB 520 passed unanimously out of the Senate Governmental Oversight and Accountability Committee. SB 520 now heads to the Senate Rules Committee.

On Feb. 18, HB 457 passed unanimously out of the House Health Quality Subcommittee. HB 457 now heads to the House Government Operations Subcommittee.

On Feb. 4, SB 520 passed unanimously out of the Senate Health Policy Committee. SB 520 now heads to the Senate Governmental Oversight and Accountability Committee.

In the 2010 licensure renewal cycle, the FDA worked closely with the DOH and the Board of Dentistry (BOD) to gather additional information on the dental workforce in Florida. The product of this work resulted in a voluntary workforce survey that was included as a part of the 2010 renewal cycle for both dentists and dental hygienists. Questions included geographical practice locations, number of dental hygienists and dental assistants employed; areas of specialty practice; pro bono hours provided; Medicaid and other special needs availability; etc. This survey is a mandatory requirement for physicians during their renewal cycle, and there is a public records exemption in statute to protect physicians’ personal information.

The FDA educated member dentists about the voluntary survey that appeared on their 2010 and 2012 renewal and encouraged them to comply.

On April 11, SB 520 passed off of the Senate floor. SB 520 now heads to the House for consideration.

The FDA supports legislation that would provide a public records exemption for the personal identifying information of dentists and dental hygienists. The most recent renewal cycle for dentists and dental hygienists was in February 2014 and they were again asked to complete a voluntary workforce survey. As such, this

42

APPENDIX B: 2014 Legislative Issues

On April 28, the House substituted HB 457 with SB 520.

SB 520 passed unanimously off the House floor. SB 520 is now on its way to the governor.

information should be protected for dentists and dental hygienists as it is for physicians.

HEALTH ACCESS DENTAL LICENSE RE-ENACTMENT SUPPORT SB 664 by Senate Health Policy Committee Committee and Floor Action Update: On May 1, HB 97 (which includes language to re-enact the Health Access Dental License) unanimously passed off the House floor. HB 97 is now on its way to the governor.

On April 28, the Senate substituted CS/SB 142 with HB 97. The House then amended HB 97 to make it identical to CS/SB 142, which added the Health Access Dental License Re-enactment to HB 97. HB 97 unanimously passed off the Senate floor and will be sent back to the House.

On April 22, the Health Access Dental License Reeactment was amended onto SB 142. CS/SB 142 passed unanimously out of the Senate Appropriations Committee. CS/SB 142 now heads to the Senate floor.

In 2008, the Legislature established the health access dental license in order to attract out-of-state dentists to practice in underserved health access settings. Since the law became effective, there has been as many as 54 out-of-state dentists practicing under the health access dental license. The program is scheduled for repeal effective Jan. 1, 2015, unless re-enacted by the Legislature.

SB 664 would re-enact this program for an additional five years through Jan. 1, 2020. With a health access license, a dentist actively licensed and in good standing in another state, the District of Columbia or a U.S. territory is authorized to practice dentistry in Florida in only a health access setting.

This license is subject to biennial renewal by the BOD, and the BOD also may revoke a health access dental license if certain criteria are not met. Presently, to receive a health access dental license, the dentist must meet several criteria, including not being reported to the National Practitioner Data Bank (NPDB), unless the applicant successfully appealed to have his or her name removed from the data bank. SB 664 removes reports to the NPDB as a condition that renders an applicant ineligible for a health access dental license. Instead, the bill gives the BOD authority to deny initial or renewal licensure to any applicant who has committed, or is under investigation or prosecution for an act that is grounds for discipline under chapter 466 or chapter 456.

APPENDIX B: 2014 Legislative Issues

MAINTAIN THE ADULT DENTAL MEDICAID PROGRAM SUPPORT Florida’s current adult dental Medicaid program, which is optional and subject to elimination, provides minimal services to Medicaid recipients. Adults can only receive emergency dental services, such as extractions and partial/full dentures. As part of the state agency’s exercise to make budget reduction recommendations, this program could potentially be up for elimination.

Even though the adult dental Medicaid program is not comprehensive, it provides necessary treatments to individuals who would otherwise be without any access to dental care. By eliminating this program, these Medicaid recipients will end up in the emergency room for treatment at a much higher cost. The FDA urges the state to maintain the adult dental Medicaid program.

INCREASE MEDICAID DENTAL PROVIDER REIMBURSEMENT FEES SUPPORT Extremely low reimbursement rates for Medicaid dental providers have been a significant barrier for increasing the number of dentists willing to participate in the Medicaid program. During the 2011 Legislative Session, the Legislature approved a $56 million reimbursement fee increase for children’s dental services only. The FDA applauds the Legislature’s effort to address an area of the Medicaid program that has not seen any significant changes in more than 20 years.

Even with the recent fee increase for children’s services, reimbursement fees for the dental Medicaid program will still need to increase much more to reach a level where it will incentivize providers to sign up to participate in the program.

MAINTAIN EDUCATIONAL STANDARDS FOR INTERNATIONALLY-TRAINED DENTISTS SUPPORT Current law requires that graduates of non-accredited dental schools complete a two-year supplemental general dentistry education program before taking the Florida licensure exam. The purpose of the supplemental education program is to: 1) ensure that internationally-trained dentists attain the same knowledge and skills as graduates of accredited programs and 2) familiarize

43

internationally-trained dentists with the oral health care delivery system in the U.S., including the techniques, procedures and standards of oral health care.

In the past, there have been legislative efforts that tried to create a “back door” pathway to licensure in Florida for internationally-trained dentists. There have been proposed changes to the current law that would provide exemptions for internationally-trained dentists who agree to treat Medicaid recipients in exchange for bypassing the supplemental education requirement. The FDA believes that all Floridians should have access to the same standard of care regardless of economic status.

These supplemental education programs are offered to ensure that a minimum standard of care for Floridians is consistently achieved for all licensees in the state. The FDA supports maintaining the current supplemental education requirement for internationally-trained dentists.

MEDICAID PROVIDER NUMBER FOR DENTAL HYGIENISTS OPPOSE THe FDA opposes issuing a separate Medicaid provider number to dental hygienists for the limited services that may be provided in public health access settings.

Current law is adequate and flexible enough to allow hygienists to collaborate as needed in order to use existing provider numbers that are already assigned to dentists and physicians.

There are a number of other solutions to this perceived problem of reimbursing health access settings for these limited services that the FDA supports; however, the FDA does NOT support changing the law to grant dental hygienists their own Medicaid provider number.

IMPLEMENTATION OF THE AFFORDABLE CARE ACT MONITOR

stand-alone dental plan in the exchange offering the benefit. In a Feb. 20, 2013, final rule from the Department of Health and Human Services (HHS), the agency stated that consumers (including those with dependents) do not have to purchase the pediatric dental EHB if the purchase is made inside the exchange. However, for purchases outside the exchange in the individual and small group markets, the benefit must be purchased. The American Dental Association (ADA) and the FDA believe states have the authority to require the purchase of the pediatric dental EHB inside the exchange, notwithstanding the HHS decision.

It is estimated that three million children will gain dental benefits through the health insurance exchanges by 2018, or roughly a 5 percent increase over the current number of children with private dental benefits. To ensure a consistent level of consumer protections, standalone dental plans must offer the pediatric oral EHB without annual and lifetime limits. Stand-alone dental plans also will likely have to meet certain marketing requirements, ensure a sufficient choice of providers and perhaps meet performance quality measures. Further, they may be required to use a single enrollment form and a standard format for presenting health benefit plan options. Exchanges must maximize competition among plans to ensure that the exchange marketplace is competitive on Jan. 1, 2014 and beyond. To meet this goal, plans must offer real value and provide consumers with an adequate network of providers.

The FDA also is predicting an increase in the number of stand-alone dental plans purchased both inside and outside of the exchange. In fact, for the past three years, there has been an increase in the number of dental plans purchased.

The FDA will continue to monitor Medicaid reform and the implementation of the Patient Protection and Affordable Care Act for the potential impact it will have on access to dental care.

As of Jan. 1, 2014, all plans participating in the exchange (and in the individual and small group markets outside the exchange) must meet the Affordable Care Act (ACA) and state-established standards to become “qualified health plans” (QHPs), except stand-alone dental plans. In general, all QHPs must offer an “essential health benefit” (EHB) package defined in the ACA as 10 categories of care, including pediatric dental coverage. The exception to this requirement is that a QHP in the exchange does not have to offer the pediatric dental EHB if there is a

44

APPENDIX B: 2014 Legislative Issues

APPENDIX C: LCD, GAC AND PAC MEMBERS BY COMPONENT ATLANTIC COAST

CENTRAL FLORIDA

Dr. Ralph Attanasi, GAC Member Dr. David Boden, GAC Consultant,

LCD FDAPAC Consultant Dr. Michael Eggnatz, GAC Consultant Dr. Rick Huot, FDAPAC Consultant Dr. Alana Keough, GAC Member Dr. Ethan Pansick, FDAPAC Member Dr. Andrew Adelson, LCD Dr. Steven Bogdanoff, LCD Dr. Christopher Dermody, LCD Dr. F. Dermody, LCD Dr. Joseph Dermody, LCD Dr. Raymond Doremus, LCD Dr. Robert Eckelson, LCD Dr. Shawn Engebretsen, LCD Dr. Donovan Essen, LCD Dr. Mark Fedele, LCD Dr. Theodore Field, LCD Dr. Alan Friedel, LCD Dr. Leonardo Frydman, LCD Dr. Jeffrey Ganeles, LCD Dr. Robert Gehrig, LCD Dr. Howell Goldberg, LCD Dr. Lee Hauer, LCD Dr. Teri-Ross Icyda, LCD Dr. Brian Jacobus Jr., LCD Dr. Tory Lindh, LCD Dr. Hal Lippman, LCD Dr. Robert Bruce McDonald, LCD Dr. Robert Newman, LCD Dr. Thomas Plymale, LCD Dr. Douglas Starkey, LCD Dr. Jeffrey Stevens, LCD Dr. Craig Stranigan, LCD Dr. James Strawn, LCD Dr. Paul Werner, LCD Dr. Kerri White, LCD

Dr. Gerald Bird, GAC Consultant, LCD,

FDAPAC Chair Dr. Dan Crofton, LCD, FDAPAC Consultant Dr. Bill D’Aiuto, GAC Consultant Dr. Don Ilkka, GAC BOD Liaison Dr. Jason Larkin, GAC Member Mrs. Carol Nissen, FDAPAC Member Dr. Donald Thomas, FDAPAC Member Dr. Daryl Askeland, LCD Dr. Ronald Askeland, LCD Dr. Hal Coe Jr., LCD Dr. Kenneth Cohrn, LCD Dr. Brian Coleman, LCD Dr. Bruce Gordy, LCD Dr. Lance Grenevicki, LCD Dr. Robert Hawkins, LCD Dr. Gary Herbeck, LCD Dr. Curtis Hill Jr., LCD Dr. Steven Hochfelder, LCD Dr. Cletus Huhn, LCD Dr. Bernard Kahn, LCD Dr. Keith Kanter, LCD Dr. Lee Anne Keough, LCD Dr. Robert Matteson, LCD Dr. Hutson McCorkle, LCD Dr. James Montgomery, LCD Dr. Oscar Morejon, LCD Dr. Robert Mount, LCD Dr. Larry Nissen, LCD Dr. Neil Powell, LCD Dr. Robbin Quaterman, LCD Dr. Naghman Qureshi, LCD Dr. Frank Reynolds, LCD Dr. Jeff Sevor, LCD Dr. Michael Simpson, LCD Dr. Doyle Summerlin, LCD Dr. Wade Townsend, LCD

APPENDIX C: LCD, GAC & PAC Members

45

NORTHEAST

WEST COAST

Dr. Andy Brown, GAC Member, LCD Dr. Rick Stevenson, GAC Chair, LCD,

FDAPAC Member Dr. Robert Cowie, LCD Dr. Ian Dennis, LCD Dr. Thomas Klechak, LCD Dr. Orrin Mitchell, LCD Dr. Kevin Neal, LCD Dr. Claude Owens, LCD Dr. George Van Etta, LCD Dr. George Weeks, LCD

Dr. Terry Buckenheimer, GAC Member, LCD Dr. Doug Jungman, GAC Consultant, LCD Dr. Zack Kalarickal, GAC Member, LCD,

FDAPAC Consultant Dr. Greg Langston, FDAPAC Member Dr. Eva Ackley, LCD Dr. Jeremy Albert, LCD Dr. Nolan Allen, LCD Dr. Amy Anderson, LCD Dr. William Belton Jr., LCD Dr. Adam Bressler, LCD Dr. Sandra Cahill, LCD Dr. Miguel Castro, LCD Dr. Wendy Churchill-Urrico, LCD Dr. David Clary, LCD Dr. Tim Conway, LCD Dr. Joseph Craig, LCD Dr. Sam Desai, LCD Dr. Glori Enzor, LCD Dr. Tom Frankfurth, LCD Dr. Richard Garcia, LCD Dr. Fred Grassin, LCD Dr. Richard Greenspan, LCD Dr. Melissa Grimaudo, LCD Dr. Robert Hawkins, LCD Dr. James Holloway, LCD Dr. Betty Hughes, LCD Dr. Robert Klement, LCD Dr. William Kochenour, LCD Dr. Rudy Liddell, LCD Dr. Janice Luke, LCD Dr. Mariela Lung, LCD Dr. Michael McNeill, LCD Dr. Paul Miller, LCD Dr. Robert Mount, LCD Dr. Craig Oldham, LCD Dr. James Oxer, LCD Dr. Paul Palo, LCD Dr. Mili Patel, LCD Dr. John Paul, LCD

NORTHWEST Dr. David Hanle, LCD, FDAPAC Member Dr. Jolene Paramore, GAC Member, LCD Dr. William Baldock, LCD Dr. Steven Bryan, LCD Dr. Darrh Bryant, LCD Dr. Howard Fisher, LCD Dr. Dan Henry, LCD Dr. Tricia Hess, LCD Dr. Kim Jernigan, LCD Dr. Marcus Paul, LCD Dr. Robert Payne, LCD Dr. James Walton, LCD Dr. Ralf Zapata, LCD

SOUTH FLORIDA Dr. Irene Marron-Tarrazzi, GAC Consultant,

FDAPAC Member Dr. Cesar Sabates, GAC Consultant, LCD Dr. Beatriz Terry, GAC Member, LCD,

FDAPAC Consultant Dr. Faustino Garcia, LCD Dr. Joseph Gay, LCD Dr. Laurie Gordon-Brown, LCD Dr. Ignacio Iturralde, LCD Dr. Robert Johnson, LCD Dr. Melvin Kessler, LCD Dr. Carlos Sanchez, LCD

46

APPENDIX C: LCD, GAC & PAC Members

Dr. Robert Payne, LCD Dr. John Pelton, LCD Dr. Carmine Priore, LCD Dr. Michael Reynolds, LCD Dr. Kenneth Rogers, LCD Dr. Rose Rosanelli, LCD Dr. Anthony Schweiger, LCD Dr. Tina Thomas, LCD Dr. David Thompson, LCD Dr. Steven Tinsworth, LCD Dr. Angella Tomlinson, LCD Dr. Louis Traci, LCD Dr. Tim Verwest, LCD Dr. John Watters, LCD Dr. Sandra Worman, LCD

APPENDIX C: LCD, GAC & PAC Members

47

APPENDIX D: CAMPAIGN TOOL KIT The GAO created this Campaign Tool Kit to assist you when you are asked to participate in a campaign. The Campaign Tool Kit includes: ●● how to raise money for a campaign. ●● tips on meeting with a candidate. ●● a sample letter. ●● a sample fundraising reception invitation.

How to Raise Money for a Campaign 1. Determine how you are going to raise the money. There are several different ways you can raise money for a candidate. Methods include telephone solicitation, mail solicitation and hosting a fundraising reception. Many components host successful fundraisers so that local dentists can meet the candidate in person. This can be done at a restaurant, a local dental office or at a dentist’s home. Any food or beverage provided is subject to being reported as a campaign contribution and is subject to the $500 contribution limit.

2. Gather list of local FDA-member dentists.

You will need names, mailing addresses, phone numbers and email addresses of all the FDA-member dentists in your legislative district. The GAO can provide you with a list.

3. Determine your method of contact. You need to decide how you will contact your local dentists. Methods of contact include phone calls, mailing letters, email or a meeting. Most often, the best way to raise money is to speak directly with the dentist over the phone or in person at a local dental meeting.

4. Know the campaign rules. Before contacting dentists, you should be aware of a few campaign rules. a. The maximum a candidate can receive from an individual entity is $1,000 per election cycle. This means that an individual can give a $1,000 personal check and a $1,000 corporate check for the primary election and do the same again for the general election.

48

APPENDIX D: CAMPAIGN TOOL KIT (CONT.) b. An individual may NOT contribute by means of cash or cashier’s check in excess of $50. c. All letters and invitations must contain a disclaimer at the bottom. See the sample letter or sample invitation for an example. Please note, the letter and invitation must be approved by the candidate.

5. Plan your message. Before contacting your peers, you need to plan what your message will be. First, you should mention that you are an FDA member and state your hometown.

You will need to provide your peers with the candidate’s name, office they are seeking and your contribution goal. You may mention that the candidate has been a friend to the FDA. If they agree to contribute, let them know where to send the money. If you are planning to send out letters, you will need to include the appropriate disclaimers. If someone asks you a question about the candidate and you do not know the answer, have them call the GAO. If you need additional information, call the GAO at 800.326.0051.

Tips on Meeting with a Candidate ●● Call the candidate’s campaign office to schedule the meeting. If you do not know the candidate’s phone number, visit the Division of Elections website at http://election.dos.state.fl.us/candidate/index.asp or call the FDA at 800.326.0051. ●● When you talk to the candidate or staff member to request a meeting, state your name, mention that you are a constituent dentist, a member of the FDA and you would like to meet with him or her to deliver a Political Action Committee (PAC) check. Arrange a date, time and location for the meeting. ●● You may consider inviting a few local FDA members to join you at the meeting. ●● Before the meeting, review the FDA’s current legislative issues. Consider mentioning these issues during your meeting.

APPENDIX D: Campaign Tool Kit

●● If a candidate asks a question and you don’t know the answer, tell him or her that you will look into it and follow up with an answer as soon as possible. Call the FDA to discuss the question and your response. ●● At the meeting, hand the envelope with enclosed check to the candidate. If the candidate is a current legislator, thank him or her for their hard work as a legislator and for supporting organized dentistry. If the candidate is not currently a legislator, tell him or her that the FDA is looking forward to working with them in the future and to contact you or the FDA lobbyists with any questions. ●● If you would like to bring a personal check to the meeting, remember that you are allowed to give a candidate up to $1,000 per election cycle from both personal and corporate accounts.

●● Keep in mind the recently enacted lobby reform law. If the candidate is a current member of the Florida Legislature, he or she is not allowed to accept any gifts, including meals, from you. If you are hosting a fundraiser, you are allowed to provide the facility, food, beverages, etc. if it is given as an “in-kind” contribution to the campaign. Please note that in-kind contributions are subject to the $1,000 campaign limit. ●● Lastly, contact the GAO and provide an update on your meeting with the candidate. The information you gather during your meeting could be very valuable later during that process.

Thank you for taking the time to deliver PAC donations.

If you have any questions, call the GAO at 800.326.0051.

Sample Fundraising Letter Date Dr. First Name Last Name Address City, State, Zip Code Dear Dr. Last Name: You are invited to a dental fundraiser for Rep. John Doe (R-Tallahassee) on Thursday, July 14 from 6-7:30 p.m. at the home of Dr. John Smith, located at 111 Cherry Lane, Tallahassee.

Rep. Doe is seeking re-election in House Seat 8. He has shown strong leadership skills as a House committee chair and has been supportive of Florida Dental Association issues.

I hope that you will join your colleagues and attend this fundraiser for a dental-friendly candidate. Keep in mind that the maximum contribution for a candidate is $1,000.

Please RSVP to me at 850.555.5555 by Friday, July 8.

Sincerely, Dr. John Smith Political advertisement, paid for and approved by John Doe, Republican, for House District 8. The purchase of a ticket for, or a contribution to, the campaign fundraiser is a contribution to the Campaign of John Doe. Contributions are not deductible for federal income tax purposes.

APPENDIX D: Campaign Tool Kit

49

APPENDIX E: COMPONENT AND AFFILIATE CONTACTS

Sample Fundraising Invitation

You are cordially invited to attend a Fundraising Reception for

Rep. John Doe Thursday, July 14, 2013 6–7:30 p.m. at the home of Dr. John Smith 111 Cherry Lane, Tallahassee For more information, please contact Dr. John Smith at 850.555.5555 RSVP to 850.555.5555

Atlantic Coast District Dental Association (ACDDA)

Central Florida District Dental Association (CFDDA)

Dr. Michael Patten, President Michael Dvorak, Executive Director 5700 Lake Worth Road #207C Lake Worth, FL 33463 Voice: 561.968.7714 Fax: 561.968.4834 Website: www.acdda.org

Dr. Gary Altschuler, President Marlinda Fulton, Executive Director 800 N. Mills Ave. Orlando, FL 32803-4022 Voice: 407.898.3481 Fax: 407.895.9712 Website: www.cfdda.org

Counties: Broward, Indian River, Martin, Okeechobee, Palm Beach, St. Lucie

Counties: Alachua, Brevard, Flagler, Gilchrist, Lake, Levy, Marion, Orange, Osceola, Seminole, Sumter, Volusia

Affiliate dental associations within Atlantic Coast District: ●● Broward County Dental Association ●● Central Palm Beach Dental Association ●● North Palm Beach Dental Association ●● South Palm Beach Dental Association ●● Treasure Coast Dental Society FDAPAC = Dr. Ethan Pansick GAC = Dr. Alana Keough

Affiliate dental associations within the Central Florida District: ●● Alachua Dental Association ●● Brevard Dental Association ●● Dental Society of Greater Orlando ●● Lake County Dental Association ●● Marion County Dental Association ●● Volusia-Flagler Dental Association FDAPAC = Dr. Donald Thomas GAC = Dr. Jason Larkin

Political advertisement, paid for and approved

by John Doe, Republican, for House District 8.

The purpose of a ticket for, or a contribution to, the campaign fundraiser is a contribution to the campaign of John Doe. Contributions are not deductible for federal income tax purposes.

50

APPENDIX D: Campaign Tool Kit

APPENDIX E: Component/Affiliate Contacts

51

Northeast District Dental Association (NEDDA) Dr. Roger Robinson, President Debbie Deville, Executive Director 3733 University Blvd. W., Ste. #212 Jacksonville, FL 32217 Voice: 904.737.7545 Fax: 904.737.9934 Website: www.nedda.org Counties: Baker, Bradford, Clay, Columbia, Dixie, Duval, Hamilton, Lafayette, Madison, Nassau, Putnam, St. Johns, Suwannee, Taylor, Union Affiliate dental associations within the Northeast District: ●● Clay County Dental Association ●● Jacksonville Dental Association FDAPAC = Dr. Rick Stevenson GAC = Dr. Andy Brown

Northwest District Dental Association (NWDDA)

South Florida District Dental Association (SFDDA)

West Coast District Dental Association (WCDDA)

Dr. Mike Mihalcik, President Angel Estep, Executive Director 2910 Kerry Forest Parkway, D4-309 Tallahassee, FL 32309 Voice: 850.391.9310 Fax: 850.391.9311 Website: www.nwdda.org

Dr. Marcos Diaz, President Yolanda Marrero, Executive Director 420 S. Dixie Highway #2-E Coral Gables, FL 33146-2222 Voice: 305.667.3647 or 305.944.5668 Fax: 305.665.7059 Web site: www.sfdda.org

Dr. Frederick Grassin, President Lissette Zuknick, Executive Director 1114 Kyle Wood Lane Brandon, FL 33511 Voice: 813.654.2500 Fax: 813.654.2505 Web site: www.wcdental.org

Counties: Bay, Calhoun, Escambia, Franklin, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Okaloosa, Santa Rosa, Wakulla, Walton, Washington

Counties: Miami-Dade, South Broward, Monroe

Counties: Charlotte, Citrus, Collier, DeSoto, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, Sarasota

Affiliate dental associations within the Northwest District: ●● Bay County Dental Association ●● Escambia/Santa Rosa Dental Association ●● Leon County Dental Association ●● Okaloosa/Walton Dental Association

Affiliate dental associations within the South Florida District: ●● Miami Dade Dental Society ●● North Dade-Miami Beach Dental Society ●● South Broward Dental Society FDAPAC = Dr. Irene Marron-Tarrazzi GAC = Dr. Beatriz Terry

Affiliate dental associations within the West Coast District: ●● Charlotte County Dental Association ●● Collier County Dental Association ●● Greater Highlands County Dental Association ●● Hernando County Dental Association ●● Hillsborough County Dental Association

FDAPAC = Dr. David Hanle

●● Lee County Dental Association

GAC = Dr. Jolene Paramore

●● Manatee County Dental Association ●● Pinellas County Dental Association ●● Polk County Dental Association ●● Sarasota County Dental Association ●● Upper Pinellas County Dental Association ●● West Pasco County Dental Association FDAPAC = Dr. Greg Langston GAC = Dr. Zack Kalarickal

52

APPENDIX E: Component/Affiliate Contacts

APPENDIX E: Component/Affiliate Contacts

53

APPENDIX F

HOW AN FDA IDEA

Becomes a Law IDEA BROUGHT TO FDA GOVERNMENTAL ACTION COMMITTEE

FDA HOUSE OF DELEGATES APPROVES POLICY

LOBBYING • Adding more sponsors • Getting provisions amended to other bills • Garnering new support • Educating legislators

FDA PROPOSES NEW LEGISLATION

PROPOSED LEGISLATION WRITTEN Governmental Action Committee with GAO Staff Support

FDA FINDS SPONSORS Legislators Supportive of Dental Issues Typically, health care providers are the best sponsors for filing FDA bills.

BILL IS FILED Numbered (SB or HB) & Printed

• • • • •

•

• • • •

FDA MEMBER SUPPORT District Visits Dentists’ Day on the Hill Legislative Contact Dentists Responding to Action Alerts Capitol Visits ROAD BLOCKS Too many reference committees – indicates lack of leadership support No sponsors or too few Time runs out Dies in committee process Legislator perceives no grassroots support

SENATE PRESIDENT ASSIGNS COMMITTEES TO HEAR BILL

HOUSE SPEAKER ASSIGNS COMMITTEES TO HEAR BILL

TYPICAL SENATE COMMITTEES FOR FDA BILLS

TYPICAL HOUSE COMMITTEES FOR FDA BILLS

Health Policy • Banking & Insurance Governmental Oversight & Accountability Appropriations

Health Quality • Health Innovation Insurance & Banking • Appropriations Health & Human Services

BILL BECOMES LAW

GOVERNOR ALLOWS BILL TO BECOME LAW WITHOUT SIGNATURE Must Sign or Veto Within 7 Days During Session & Within 15 Days After Session

GOVERNOR SIGNS BILL

GOVERNOR VETOS BILL But two-thirds vote of each house overrides veto

BILL TO THE GOVERNOR FDA WRITES LETTER TO GOVERNOR Urging to Sign FDA-supported Bill or Veto FDA-opposed Bill

SENATE VOTE

HOUSE VOTE

UNAMENDED BILL RETURNS FROM OTHER CHAMBER OR BILL RETURNS WITH AMENDMENTS AND HOUSE OR SENATE CONCURS WITH THE OTHER CHAMBER’S CHANGES

BILL RETURNS WITH AMENDMENTS AND HOUSE OR SENATE DOES NOT CONCUR WITH CHANGES — GOES TO HOUSE/SENATE NEGOTIATIONS CONFERENCE COMMITTEE Majority of committee members of each house must agree to report. Bill language usually changes to garner further support.

SUCCESSFUL BILL RETURNS TO THE SENATE

SUCCESSFUL BILL RETURNS TO THE HOUSE

SENATE PRESIDENT ASSIGNS COMMITTEES TO HEAR BILL

HOUSE SPEAKER ASSIGNS COMMITTEES TO HEAR BILL

SENATE VOTES & PASSES BILL SENDS BILL TO HOUSE

HOUSE VOTES & PASSES BILL SENDS BILL TO SENATE

COMMITTEE HEARINGS Results: Favorable • Favorable w/Amendment • Favorable w/Substitute • Unfavorable Must pass favorably out all referenced committees

54

APPENDIX A: FDA Bylaws

APPENDIX A: FDA Bylaws

55

HELPING MEMBERS SUCCEED