The Board proposed amendment eliminates the reference to the use of non-Florida licensed dentist because the Board lacks the authority to create a licensure exemption.

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-7.006Non-Profit Corporation Permits

PURPOSE AND EFFECT: The Board proposed amendment eliminates the reference to the use of non-Florida licensed dentist because the Board lacks the authority to create a licensure exemption.

SUMMARY: Updating the rule text and incorporate the application into the rule.

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: 466.004(4) FS.

LAW IMPLEMENTED: 466.025(3) 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: Allison M. Dudley, J.D., 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:

 

64B5-7.006 Non-Profit Corporation Permits.

(1) Any non-profit corporation which is chartered for the purposes specified in Section 466.025(3), F.S., seeking a permit to employ a non-Florida licensed dentist who is a graduate of a dental school accredited by the Commission on Dental Accreditation of the American Dental Association shall file an Non-Profit Corporation Permit Aapplication,  DH-MQA 1223 (05/23), which is hereby adopted and incorporated by reference and can be obtained at: http://www.flrules.org/Gateway/reference.asp?No=Ref-                    , with the Board which contains the following information:

(a) No change.

(b) Justification for the need to provide dental services by dentists who are not licensed in this state.

(c) A plan of operation which establishes that any non-Florida licensed dentist employed by the permit holder will be practicing dentistry under the general supervision of a Florida licensed dentist.

(d) through (e) renumbered (b) through (c) No change. 

(f) As to each non-Florida licensed dentist employed or sought to be employed:

1. The dentist’s name and age,

2. Proof of said dentist’s graduation from an accredited dental college or school,

3. The dentist’s licensure status in other jurisdictions, including disciplinary action and pending disciplinary action,

4. The status of any dental malpractice actions that have been noticed or filed in any jurisdiction,

5. Proof of having successfully completed Board approved courses on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome, a course in domestic violence, and proof of current CPR certification.

(2) A non-profit corporation permit holder shall follow the requirements of subsection 64B5-7.001(4), F.A.C., and Rule 64B5-7.003, F.A.C., regarding application, requirements for conducting the program and qualifications for any permit holders who will be employed at their facility.

(3) Any non-Florida licensed dentist employed by the holder of a permit pursuant to this rule shall be bound by all requirements for permit holders set forth in Rule 64B5-7.003, F.A.C., and shall be compensated only by salary which is not based upon productivity.

(4) Each non-profit corporation at which a non-Florida licensed dentist practices dentistry shall inform the Board office of the termination of practice of said dentist. Such notice shall be in writing and within thirty (30) days of termination.

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

Rulemaking Authority 466.004(4) FS. Law Implemented 466.025(3) FS. History–New 11-16-89, Formerly 21G-7.006, 61F5-7.006, 59Q-7.006, Amended 3-25-99, 6-12-00, 12-25-06,                            .

 

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: May 19, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 29, 2023