The purpose and effect for Rule 64B5-16.002, F.A.C., is to revise requirements for expanded duty course or programs. The purpose and effect for Rule 64B5-16.0075, F.A.C., is to implement new legislation relating to dental charting.

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO: RULE TITLE
64B5-16.002: Required Training
64B5-16.0075: Dental Charting by Dental Hygienists
PURPOSE AND EFFECT: The purpose and effect for Rule 64B5-16.002, F.A.C., is to revise requirements for expanded duty course or programs. The purpose and effect for Rule 64B5-16.0075, F.A.C., is to implement new legislation relating to dental charting.
SUMMARY: In Rule 64B5-16.002, F.A.C. requirements for expanded duty course or programs are revised. In Rule 64B5-16.0075, F.A.C. new legislation relating to dental charting is implemented.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 466.004, 466.0235, 466.024 FS.
LAW IMPLEMENTED: 466.023, 466.0235, 466.024 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Executive Director, Board of Dentistry/MQA, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

THE FULL TEXT OF THE PROPOSED RULE IS:

64B5-16.002 Required Training.

(1) Formal training which is required for the performance of certain remediable tasks consists of a dental hygienist’s or dental assistant’s successful completion of an expanded duty course or program which meets one of the following requirements:

(a) No change.

(b) The course or program has been approved by the Board for the purpose of providing expanded-duties training for dental hygienists and dental assistants; or.

(c) A dental assistant that currently possesses the certified dental assistant (CDA) credential awarded by the Dental Assisting National Board, Inc. (DANB).

(2) through (4) No change.

Specific Authority 466.004, 466.024 FS. Law Implemented 466.023, 466.024 FS. History–New 4-30-80, Amended 8-20-80, 1-28-81, 3-4-81, 4-20-81, Formerly 21G-16.02, Amended 6-30-86, 12-31-86, 7-5-87, 2-21-88, 7-12-88, 1-18-89, 11-16-89, Formerly 21G-16.002, 61F5-16.002, Amended 6-12-97, Formerly 59Q-16.002, Amended ________.

 

64B5-16.0075 Dental Charting by Dental Hygienists.

(1) Pursuant to Section 466.0235, F.S., a dental hygienist is permitted to, without supervision and within the lawful scope of his or her duties as authorized by law, perform dental charting of hard and soft tissues in public and private educational institutions of the state and Federal Government, nursing homes, assisted living and long-term care facilities, community health centers, county health departments, mobile dental or health units, and epidemiological surveys for public health. A dental hygienist is permitted to perform dental charting on a volunteer basis at health fairs.

(2) Each person who receives a dental charting, or the parent or legal guarding of the person receiving dental charting, by a dental hygienist pursuant to Section 466.0235, F.S., and this rule shall receive a dental charting form that contains the following information and the patient shall acknowledge by signature the following information before receiving the dental charting procedure:

(a) The patient’s name and the names of the patient’s parent or legal guardian if the patient is a minor.

(b) The patient’s address or the address of the patient’s parent or legal guardian if the patient is a minor.

(c) The date of the dental charting.

(d) The name, license number, and place of employment of the dental hygienist performing the dental charting.

(e) The location where the dental charting is being performed.

(f) A statement that the purpose of dental charting is to collect data for use by a dentist at a prompt subsequent examination.

(g) A statement that the dental charting performed is not a substitute for a comprehensive dental examination.

(h) A statement emphasizing that diagnosis of caries, soft tissue disease, oral cancer, temporo-mandibular joint disease (TMJ), and dentofacial malocclusions can only be completed by a dentist in the context of delivering a comprehensive dental examination.

(i) A statement emphasizing the inherent limitations of dental charting and encourage the patient to receive a complete examination by a dentist in rendering a professional diagnosis of the patient’s overall health needs.

(j) If the dental hygienist will be performing a periodontal probe, then the dental hygienist shall include a written statement on the dental charting form that he or she has received medical clearance from a physician or dentist before performing the periodontal probe as part of the dental charting.

(3) Dental hygienists are not permitted to receive direct reimbursement for dental charting performed under Section 466.0235, F.S. and this rule by Medicaid, health insurers, health maintenance organizations, prepaid dental plans, or other third-party payors beyond what is otherwise allowable by law.

(4) All referrals made in conjunction with the provision of dental charting services under Section 466.0235, F.S., and this rule shall be in strict conformance with federal and state patient referral, anti-kickback, an patient brokering laws.

(5) A dental hygienist performing dental charting without supervision shall not be deemed to have created either a patient of record or a medical record.

Specific Authority 466.004(4), 466.0235 FS. Law Implemented 466.0235 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Dentistry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 15, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 13, 2006