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:
64B5-2.0150: American Dental Licensing Exam Scores 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 submitting ADLEX scores that are over 365 days old and that are from a jurisdiction besides 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(4)3.e.(III) 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:

64B5-2.0150 American Dental Licensing Exam Scores from an 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. If, however, the passing scores from the ADLEX are over 365 days old, the results will not be recognized unless all criteria below are met.

(1) Applicable Definitions:

(a) Full-time practice – means completing one thousand two hundred (1,200) hours of practice per calendar year; when applicable, the hours shall be broken down to one hundred (100) hours per month.

(b) Month – means thirty (30) days.

(c) 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.

(d) Recognized or Other Jurisdiction – means a state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

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

(2) Mandatory Criteria:

The applicant shall meet all of the following criteria.

(a) Compliance with all provisions of Section 466.006(4)3., Florida Statutes. The applicant should carefully review this section of the Florida Statutes.

(b) Provide documentation that the applicant has been consecutively engaged in full-time practice in a recognized jurisdiction for the preceding five (5) years or since initial licensure, if less than five years, prior to the date of application for licensure to the Florida Board of Dentistry.

(3) Mandatory Documentation:

The applicant shall comply with providing the following mandatory documentation.

(a) Full-Time Practice Spreadsheet:

1. The submission of a month-by-month and year-by-year chronological history of the applicant’s full-time practice in a spreadsheet format.

2. The spreadsheet shall be headed with the applicant’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 applicant’s last name followed by a hyphen with an Arabic numeral. (Example: Smith-2, Smith-3, Smith-4, etcetera).

4. The applicant 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 applicant 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 applicant 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 applicant 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. There must be documentation submitted from Category 1 and 2 if applicable.

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 the 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. 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 applicant 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 Full-Time Practice Spreadsheet.

3. Any other verified documentation that supports the Full-Time Practice Spreadsheet.

(4) Mandatory Board Appearance and Delays:

(a) It is in the best interest to carefully review all documents submitted for accuracy, authenticity, legibility, and statutory and rule compliance to avoid unnecessary delays, board appearances, or denials.

(b) The Board is authorized to require the applicant and the applicant’s witness to appear before the Board to give oral testimony under oath to assess credibility or accuracy of the full-time practice requirements. Section 466.006(4)3.e.(IV), F.S. In addition, the Board can require a mandatory appearance regarding any licensure application and a failure to appear at one of the next two regularly scheduled meetings shall result in a denial of licensure and will toll the time for ruling on the application. Section 456.013(3), F.S. Finally, any incomplete submission can delay the application process. Section 120.60(1), F.S.

Rulemaking Authority 466.004(4), 466.006(4)3.e.(III). 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