For Rule 64B5-16.001, F.A.C., the Board proposes the rule amendment to clarify the definitions of remediable tasks of dental hygienists and dental assistants. For Rule 64B5-16.006, F.A.C., the Board proposes the rule amendment to clarify the ...

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NOS.:RULE TITLES:

64B5-16.001Definitions of Remediable Tasks and Supervision Levels

64B5-16.006Remediable Tasks Delegable to a Dental Hygienist

PURPOSE AND EFFECT: For Rule 64B5-16.001, F.A.C., the Board proposes the rule amendment to clarify the definitions of remediable tasks of dental hygienists and dental assistants. For Rule 64B5-16.006, F.A.C., the Board proposes the rule amendment to clarify the remediable tasks of dental hygienists.

SUMMARY: For Rule 64B5-16.001, F.A.C., the definitions of remediable tasks of dental hygienists and dental assistants will be clarified. For Rule 64B5-16.006, F.A.C., the remediable tasks of dental hygienists will be clarified.

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), 466.017(6), 466.023, 466.024(1), (7), 466.024 FS.

LAW IMPLEMENTED: 466.003(11), (12) 466.017(6), 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 THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Wenhold, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B5-16.001 Definitions of Remediable Tasks and Supervision Levels.

(1) Remediable tasks, also referred to as expanded functions of dental hygienists and dental assistants, which are enumerated in Rules 64B5-16.006, 16.0061, 16.005 and 16.0051, F.A.C., are those intra-oral tasks which do not create unalterable changes in the oral cavity or contiguous structures, are reversible and do not expose a patient to increased risks. The use of a laser or laser device of any type is not a remediable task, unless utilized as an assessment device.

(2) through (9) No change.

Rulemaking Authority 466.004(4), 466.024(1), (7) FS. Law Implemented 466.023, 466.0235, 466.024, 466.003(11), (12) FS. History–New 4-30-80, Amended 8-20-80, 1-28-81, 3-4-81, 10-8-85, Formerly 21G-16.01, Amended 6-30-86, 12-31-86, 7-5-87, 2-21-88, 1-18-89, Formerly 21G-16.001, Amended 3-30-94, Formerly 61F5-16.001, Amended 4-6-97, Formerly 59Q-16.001, Amended 1-6-99, 10-29-00, 2-5-09, 3-29-17, 12-9-18, 6-4-19,                  .

 

64B5-16.006 Remediable Tasks Delegable to a Dental Hygienist.

(1) No change.

(2) The following remediable tasks may be performed by a dental hygienist who has received training in these procedures in pre-licensure education or who has received formal training as defined by rule 64B5-16.002, F.A.C., and who performs the tasks under Direct supervision:

(a) through (h) No change.

(i) Apply bleaching solution, activate light source, monitor and remove in-office bleaching materials.

(3) through (5) No change.

(6) The following remediable tasks may be performed by a dental hygienist who has received training in these procedures in pre-licensure education or who has received formal training as defined by rule 64B5-16.002, F.A.C., and who performs the tasks under Indirect supervision:

(a) through (c) No change.

(d) Making impressions for study casts which are not being made for the purpose of fabricating any intra-oral appliances, restorations or orthodontic appliances;

(e) Making impressions to be used for creating opposing models or the fabrication of bleaching stents and surgical stents to be used for the purpose of providing palatal coverage as well as impressions used for fabrication of topical fluoride trays for home application;

(f) Taking of impressions for and delivery of at-home bleaching trays;

(d)(g) No change.

(h) Taking impressions for passive appliances, occlusal guards, space maintainers and protective mouth guards;

(i) through (l) redesignated (e) through(h) No change.

(7) No change.

(8) The following remediable tasks may be performed by a dental hygienist who has received training in these procedures in pre-licensure education or who has received formal training as defined by rule 64B5-16.002, F.A.C., and who performs the tasks under General supervision:

(a) through (l) No change.

(m) Apply bleaching solution, activate light source, monitor and remove in-office bleaching materials.

(n) Taking impressions for study casts which are not being made for the purpose of fabricating any intra-oral appliances, restorations or orthodontic appliances;

(o) Taking impressions to be used for creating opposing models or the fabrication of bleaching stents and surgical stents to be used for the purpose of providing palatal coverage as well as impressions used for fabrication of topical fluoride trays for home application;

(p) Taking of impressions for and delivery of at-home bleaching trays;

(q) Taking impressions for passive appliances, occlusal guards, space maintainers and protective mouth guards;

(9) through (11) No change.

Rulemaking Authority 466.004(4), 466.017(6), 466.023, 466.024 FS. Law Implemented 466.017(6), 466.023, 466.024 FS. History–New 1-18-89, Amended 11-16-89, 3-25-90, 9-5-91, 2-1-93, Formerly 21G-16.006, Amended 3-30-94, Formerly 61F5-16.006, Amended 1-9-95, 6-12-97, Formerly 59Q-16.006, Amended 1-25-98, 9-9-98, 3-25-99, 4-24-00, 9-27-01, 7-13-05, 2-14-06, 3-24-08, 7-20-09, 10-17-10, 8-5-12, 6-28-17, 8-29-17, 2-27-18, 12-9-18,                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Dentistry

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 22, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 16, 2020