The Board proposes the rule amendment to clarify that dental assistants who want to perform remediable restorative functions must have a delegating dentist in order to enroll in the program and that the delegating dentist ....

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-16.0051Delegation of Remediable Restorative Functions to Dental Assistants; Supervision Level; and Training and Experience Requirements

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify that dental assistants who want to perform remediable restorative functions must have a delegating dentist in order to enroll in the program and that the delegating dentist must supervise and evaluate a portion of the clinical requirements and take an online course prior to doing so. The proposed rule amendment also eliminate the need for live patients for the course and reorganizes the course hours without increasing the hours.

SUMMARY: The rule text will update the qualifications for the dental assistant who want to perform remediable restorative functions and the requirements of the delegating dentist.

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 amendment 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: 456.013, 466.024 FS.

LAW IMPLEMENTED: 456.013, 466.024, 466.024(1) 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: Jessica Sapp, Executive Director, Board of Dentistry/MQA, 4052 Bald Cypress Way, Bin #C04 Tallahassee, Florida 32399-3258; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B5-16.0051 Delegation of Remediable Restorative Functions to Dental Assistants; Supervision Level; and Training and Experience Requirements.

Notwithstanding any other rule provision to the contrary, a dentist may delegate remedial intraoral restorative functions to a Dental Assistant in strict compliance with the provisions of this rule. All functions delegated under this rule shall be performed under direct supervision.

(1) No change.  

(2) Mandatory Training Course Prerequisites: To be eligible to be admitted into the mandatory training course required in subsection (3), a dental assistant (Candidate) shall meet the following conditions:

(a)  through (e)  No change.

(f)  All students must have a delegating dentist to enroll in the program.  The commitment of the delegating dentist is to supervise and evaluate a portion of their clinical requirements and submit a report to the CE provider.

(g)  The delegating dentist must attend a two-hour online interactive video conference mandatory training on the Laws and Rules of Remediable Restorative Functions, and calibration of the clinical requirements and procedures. 

(3) Mandatory Training Course: The mandatory training course shall be offered by a dental or dental hygiene school or program that is accredited by a dental accrediting entity recognized by the United States Department of Education. The training course must be specifically designed and implemented to comply with the provisions of this rule. The training program shall ensure that the candidate meets all the qualifications in subsection (2) before accepting the candidate into the training program. At a minimum, the training shall include and contain the following:

(a) 105 clock hours including a minimum of 10 hours dedicated to preclinical didactic hours, and a clinical portion consisting of a minimum 70 hours dedicated to simulated lab and a minimum of 25 hours dedicated to live patients, divided in 12 clinical hours with the delegating dentist, and 13 clinical hours at the course provider institution. The preclinical didactic hours, may be offered online. At the completion of the preclinical didactic hours, the course shall require the passing of an initial written examination prior to the clinical portion of the training. A passing score shall require a score of 75 percent or above.

(b)  through (c) No change. 

(d) A clinical and lab case-based clinical scenario session to size, fit and contour, but not permanently cement, stainless steel crowns, which shall include live patients.

(e)  through (f)  No change.

(4) through (5) No change.

(6) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 456.013, 466.024 FS. Law Implemented 456.013, 466.024, 466.024(1) FS. History–New 6-23-19,      Amended        .

 

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: February 17, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2023