variance of Rule 64E-5.502, F.A.C., filed by Jeffrey Molloy, DDS, regarding the requirement in 64E-5.502(1)(a)9.c. that “[p]ortable or mobile equipment shall be only for examinations where it is impractical to transfer the patient to a stationary ...

 

DEPARTMENT OF HEALTH

Division of Environmental Health

RULE NO.: RULE TITLE:

64E-5.502: General Requirements

NOTICE IS HEREBY GIVEN that on March 06, 2018, the Division of Environmental Health, received a petition for variance of Rule 64E-5.502, F.A.C., filed by Jeffrey Molloy, DDS, regarding the requirement in subparagraph 64E-5.502(1)(a)9.c., F.A.C. that “[p]ortable or mobile equipment shall be only for examinations where it is impractical to transfer the patient to a stationary radiographic installation” and in subparagraph 64E-5.502(1)(a)11., F.A.C. that “[o]nly healing arts self referral programs for mammography screening will be authorized by the department.” Petitioner feels this variance is needed to address the substantial hardship created to the State of Florida and its citizens due to demonstrated lack of access to dental care throughout the State which places financial burden on the individual, hospital and urgent care facility; accordingly, this variance is requested to permit Petitioner and his licensed staff (dentist, hygienist, assistant) to lawfully perform dental examinations and expose digital periapical radiographs outside of the traditional office setting – specifically, outdoors at to-be-determined public locations throughout the State of Florida – which will be advertised and referred to as “mobile dental x ray and dental cursory examination.”

Comments on this petition should be filed with the Agency Clerk, Florida Department of Health, (via mail) 4052 Bald Cypress Way, Bin A-02, Tallahassee, FL 32399-1703; (via hand delivery) 2585 Merchants Row Blvd., Prather Building, Suite 110, Tallahassee, FL; or by facsimile transmission to [phone], within 14 days of publication of this notice.

A copy of the Petition for Variance or Waiver may be obtained by contacting: Agency Clerk, at the above address or telephone [phone].