The Board proposes the rule amendment to allow for optional means to notify patients about the availability of dental records upon relocation, termination of practice or death of the dentist.

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-17.001Required Availability of Dental Records Upon Relocation or Termination of Practice, or Death of Practitioner

PURPOSE AND EFFECT: The Board proposes the rule amendment to allow for optional means to notify patients about the availability of dental records upon relocation, termination of practice or death of the dentist.

SUMMARY: To update the rule text to provide means for retrieval of dental records.

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: 456.058, 466.004(4) FS.

LAW IMPLEMENTED: 456.058 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: Ashley Irving, Interim , 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:

 

64B5-17.001 Required Availability of Dental Records Upon Relocation or Termination of Practice, or Death of Practitioner.

(1) No change.  

(2) Within 90 days of a dentist’s death, the dentist’s estate or agent shall place all patient records of the deceased dentist in the care of another Florida licensed dentist.

(a) No change. 

(b) Within 90 days of a dentist’s death the dentist’s estate or agent shall cause a notice to be published in the newspaper of greatest general circulation in the county where the dentist practiced, or a prominent notice on the deceased dentist’s websites, which advises patients of the dentist’s death. The notice shall advise patients that they may obtain copies o f their dental records and specify the name, physical address, email address, and telephone number of the person from whom the copies of records may be obtained. The website notice shall appear at least once a week for four consecutive weeks.

(c) through (d) No change. 

(3) No change. 

(4) Within one month of a dentist’s termination of practice or relocation of practice outside the local telephone directory service area of his or her current practice, a notice shall be published in the newspaper of greatest general circulation in the county where the dentist practiced, or a prominent notice on the terminated/relocating dentist’s websites, which advises patients of the dentist’s termination of practice or relocation. The notice shall advise patients that they may obtain copies of their dental records and specify the name, physical address, email address, and telephone number of the person from whom copies of records may be obtained. The website notice shall appear at least once a week for 4 consecutive weeks.

(5) through (6) No change. 

Rulemaking Authority 456.058, 466.004(4) FS. Law Implemented 456.058 FS. History–New 10-26-80, Formerly 21G-17.01, Amended 7-16-90, 10-28-91, 4-23-90, Formerly 21G-17.001, 61F5-17.001, 59Q-17.001,       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 16, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 12, 2024