Variance for John T. Bowman, D.M.D., M.D. The Notice of Petition for Variance was published in Vol. 32, No. 11, of the March 17, 2006, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on April 7, ...

 

DEPARTMENT OF HEALTH
Departmental

The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance for John T. Bowman, D.M.D., M.D. The Notice of Petition for Variance was published in Vol. 32, No. 11, of the March 17, 2006, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on April 7, 2006.

The Board’s Order, filed on May 4, 2006, denies the Petition for Variance or Waiver, finding that Petitioner has not met the requirements of subsection 64B5-2.0146(2), Florida Administrative Code. Specifically, Petitioner has failed to demonstrate how the purpose of the underlying rule would be achieved by other means. Additionally, Petitioner failed to demonstrate that principles of fairness would be violated by denial of the petition and failed to demonstrate that literal application of the rule affects Petitioner in a manner significantly different from other dentists subject to the rule. Moreover, Petitioner failed to demonstrate that application of subsection 64B5-2.0146(2), F.A.C., would create a substantial hardship of the Florida Administrative Code because Petitioner can practice oral surgery as a Florida licensed medical doctor (physician) without being licensed as a dentist pursuant to Section 466.002(1), Florida Statutes. Furthermore, the Board denied the Petition for Variance or Waiver because the Board may not waive or vary from Section 466.06(4), Florida Statutes. Based upon the foregoing, the Board determined that Petitioner is not eligible for a waiver or variance of Section 64B7-14.005, 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.