The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance filed by Edward A. Bayo, Esq. on behalf of Richard Rolle, D.D.S. The Notice of Petition for Variance was published in Vol. 36, No. 22, of the ...

DEPARTMENT OF HEALTH
Board of Dentistry

Rule No.: RULE TITLE
64B5-2.013: Dental Examination Requirements and Grading.
64B5-2.021: Additional Education Requirements for Reexamination

The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Variance filed by Edward A. Bayo, Esq. on behalf of Richard Rolle, D.D.S. The Notice of Petition for Variance was published in Vol. 36, No. 22, of the June 4, 2010, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on June 18, 2010. The petition requested a waiver or variance from the requirement imposed by paragraph 64B5-2.013(1)(c) and subsection 64B5-2.021(1), F.A.C., whereby Petitioner requests that the remediation course and third year of residency be counted as the remediation coursework required by the above rules in order to sit for the examination again. The Petitioner further requests that he be permitted to sit only for the restorative portion, along with the Diagnostic and Laws and Rules portion of the examination.

The Board’s Order, filed on July 12, 2010, grants the Petition for Variance or Waiver, finding that Petitioner has complied with the requirements of Section 120.542(2), Florida Statutes. Specifically, Petitioner has demonstrated how the purpose of the underlying statute has been achieved or will be achieved by other means. Additionally, Petitioner has demonstrated that strict application of paragraph 64B5-2.013(1)(c) and subsection 64B5-2.021(1), 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 eligible for a waiver or variance of paragraph 64B5-2.013(1)(c) and subsection 64B5-2.021(1), F.A.C., and that upon completion of the remedial education course, he be permitted to sit for the examination and only take the restorative portion of the examination, along with the Diagnostic and laws and rules examination.

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.