The Notice of Petition for Variance was published in Volume 34, No. 10, of the March 7, 2008, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on March 6, 2008. The petition requested a waiver or ...

 

DEPARTMENT OF HEALTH
Board of Dentistry

RULE NO: RULE TITLE
64B5-9.011: Radiography Training for Dental Assistants

NOTICE OF AMENDMENT – The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance for Jennifer J. Schuttig. The Notice of Petition for Variance was published in Vol. 34, No. 10, of the March 7, 2008, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on March 6, 2008. The petition requested a waiver or variance from the requirement imposed by paragraph 64B5-9.011(4)(b), F.A.C., that dental radiographer training be under the supervision of a Florida licensed dentist.

The Board’s Order, filed on April 3, 2008, denies the Petition for Variance or Waiver, finding that Petitioner has not complied with the requirements of Section 120.542(2), Florida Statutes. Specifically, Petitioner has not demonstrated how the purpose of the underlying statute has been achieved. Additionally, Petitioner has not demonstrated that strict application of paragraph 64B5-9.011(4)(b), Florida Administrative Code, would create a substantial hardship or violate principles of fairness within the meaning of Section 120.542(2), Florida Statutes. Based upon the foregoing, the Board determined that Petitioner is not eligible for a waiver or variance of paragraph 64B5-9.011(4)(b), F.A.C.

A copy of the Board’s Order may be obtained by contacting: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.