The board proposes this rule amendment to address limited pro-bono screenings, examinations and treatments.

 

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO.: RULE TITLE:
64B5-17.002Written Dental Records; Minimum Content; Retention
PURPOSE AND EFFECT: The board proposes this rule amendment to address limited pro-bono screenings, examinations and treatments.
SUMMARY: The proposed rule amendment is necessary to set forth the requirements for limited pro-bono screenings, examinations and treatments pertaining to written dental records, minimum content and retention of records.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 466.004(4) FS.
LAW IMPLEMENTED: 456.058, 466.028(1)(m), (o) FS.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: . If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

64B5-17.002 Written Dental Records; Minimum Content; Retention.

(1) through (6) No change.

(7) Limited Screenings, Examinations and Treatments:  The Board of Dentistry encourages the provision of pro-bono dental screenings services through organized events such as Dental Health Screenings and Give Kids a Smile Program. A strict interpretation of this rule would preclude such efforts to the detriment of the public. Therefore, the Board deems that any records generated as a result of such limited, one-time pro-bono dental screenings, examinations, or treatments through organized events, should be consistent with the nature and scope of the services rendered, should be provided to the recipient or guardian and will not result in the dentist performing such services becoming the dentist of record.  The minimum content and record retention set forth in subsection (1) above shall not be required. When the dentist performs such examinations or treatments each recipients or guardian shall be informed in writing of the following:

(a)The limitation of the screening to one-time dental examination and treatment that can reasonably be performed on the same day of screening.  In addition, such examinations or treatments would not reasonably require follow-up treatment;

(b)The results of the screening examination or treatments; and

(c)That the screening is not representative of or a substitute for a comprehensive dental exam.

Rulemaking Specific Authority 466.004(4) FS. Law Implemented 456.058, 466.028(1)(m), (o) FS. History–New 10-8-85, Formerly 21G-17.02, Amended 10-28-91, Formerly 21G-17.002, Amended 11-22-93, Formerly 61F5-17.002, 59Q-17.002, Amended 11-15-99, 4-22-03,____________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nova Southeastern University
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Dentistry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 16, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 19, 2012