The Board proposes the creation of this rule to effectuate the mandatory rule promulgation as required by statute.

 

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO.: RULE TITLE:
64B5-2.0152: Licenses Granted Based on the American Dental Licensing Exam from Other Jurisdiction: Full-time Practice Requirements

PURPOSE AND EFFECT: The Board proposes the creation of this rule to effectuate the mandatory rule promulgation as required by statute.

SUMMARY: The rule sets out the requirements for meeting the mandatory full-time practice requirements for those relocating to Florida based on ADLEX scores from a jurisdiction other than Florida.

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), 466.006(6)(b)2. FS.
LAW IMPLEMENTED: 466.004, 466.006(6) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

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:

64B5-2.0152 Licenses Granted Based on The American Dental Licensing Exam from Other Jurisdiction: Full-Time Practice Requirements.

The Florida dental clinical or practical examination is currently the American Dental Licensing Examination (ADLEX) developed by the American Board of Dental Examiners, Inc. The examination shall be administered in Florida and shall be graded by dentists licensed in Florida. An applicant for a dental license in Florida can submit ADLEX scores from a jurisdiction other than Florida if the examination was completed after October 1, 2011. Applicants who are relocating to this state based on scores from the ADLEX that was administered in a jurisdiction other than Florida must engage in the full-time practice of dentistry inside the geographical boundaries of this state within the first year of receiving a dental license in Florida. In order to maintain the dental license the licensee must meet the following criteria.

(1) Applicable Definitions:

(a) Full-Time Practice – means completing one thousand two hundred (1,200) hours of practice within the geographical boundaries of Florida within the first year of obtaining a Florida dental license.

(b) Practice – means any combination of the following: 1) Active clinical practice of dentistry providing direct patient care; 2) Full-time practice as a faculty member employed by a dental or dental hygiene school approved by the board or accredited by the American Dental Association Commission on Dental Accreditation; or 3) Full-Time practice as a student at a postgraduate dental education program approved by the board or accredited by the American Dental Association Commission on Dental Accreditation.

(c) Another or Other Jurisdiction – means another state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(d) Full Time Practice Log – means a log the licensee must keep from the initial date of licensure in Florida which documents the daily practice time of the licensee.

(e) Relocating Applicants – means those applicants who are lawfully and currently practicing dentistry in another jurisdiction who apply for licensure in Florida based on the ADLEX administered in another jurisdiction. Lawfully and currently means those applicants that have or had a license to practice dentistry in another jurisdiction within the past six (6) months and those who have practiced the profession in any manner utilizing such license within the past six (6) months, prior to submitting the application for licensure in Florida.

(f) Verified – means the document shall be verified in compliance with Section 92.525, Florida Statutes.

(2) Mandatory Criteria:

The licensee shall meet all of the following criteria.

(a) Compliance with all provisions of Section 466.006(6), Florida Statutes. The dentist should carefully review this section of the Florida Statutes.

(b) Provide documentation that the relocating dentist has been consecutively engaged in full-time practice within the first year of licensure in Florida.

(c) Maintain a Full-Time Practice Log.

(d) A failure to meet the required full-time practice requirements will cause the dental license to expire as enumerated in Section 466.006(6), Florida Statutes.

(3) Mandatory Documentation:

The dentist shall comply with providing the following mandatory documentation.

(a) Full-Time Practice Spreadsheet:

1. The submission of a month-by-month chronological history of the dentist’s full-time practice in a spreadsheet format from the date of initial license in Florida.

2. The spreadsheet shall be headed with the dentist’s full legal name and sub-headed “History of Full-Time Practice.”

3. Each page shall be sequentially paginated in the lower right hand corner with the dentist’s last name followed by a hyphen with an Arabic numeral. (Example: Smith-2, Smith-3, Smith-4, etcetera.).

4. The dentist shall verify the Full-Time Practice Spreadsheet by placing at the end of the document, “Under penalties of perjury, I declare that I have read the foregoing History of Full-Time Practice Spreadsheet and that the facts stated in it are true.” The dentist shall sign directly under the verification statement and date the document. Reference Section 92.525, Florida Statutes concerning verification of documents.

5. Someone unrelated to the dentist shall verify the Full-Time Practice Spreadsheet, by signing the same document with the same verification clause or by submitting a document (affidavit) verified in compliance with Section 92.525, Florida Statutes. The verified document must attest that the dentist has been engaged in the full-time practice as indicated by the Full-Time Practice Spreadsheet.

(b) Additional Verified Documents:

Each category of full-time practice claimed must be supported by the following documentation, which establishes or supports the spreadsheet submitted.

1. A verified copy of financial or business record documents, reflecting the dates of employment that match the spreadsheet; a verified copy of a patient log or appointment schedule (names of patients shall be redacted to reflect initials only). The Board will request verified financial billing documents to corroborate the patient log if the Board finds the patient log or appointment schedule lacking credibility.

2. A verified copy of the Full-Time Practice Log.

3. An original and official letter from the dean of the school or program sent directly from the program or school to the Board, that supports that the dentist did engage in full-time practice as a faculty member or as a student which matches the dates month-for-month and year-for-year as listed on the spreadsheet.

4. Any other verified document that supports the Full-Time Practice Spreadsheet.

(4) Mandatory Submission:

(a) All documentation shall be submitted to the Board office within thirty days prior to the expiration of the first year of practice. The initial day of licensure shall not count. A failure to timely submit all required documentation will lead to the expiration of licensure in compliance with Section 466.006(6)(c), Florida Statutes.

(b) The dentist shall make certain that all submissions are timely, accurate, legible, and authentic to avoid the expiration of the dental licensee. The Board is authorized to require the licensee and the licensees’ witness to appear before the Board and give oral testimony under oath to assess credibility and accuracy.

Rulemaking Authority 466.004(4), 466.006(6)(b)2. FS. Law Implemented 466.004, 466.006(6) FS. History–New_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Dentistry

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

DATES PROPOSED RULE APPROVED BY AGENCY HEAD: February 3, 2012 and March 5, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 2, 2011