The Board proposes this change to remove a restriction limiting current and former dental hygiene members to probable cause determinations solely for dental hygienists.

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-13.001Determination of Probable Cause

PURPOSE AND EFFECT: The Board proposes this change to remove a restriction limiting current and former dental hygiene members to probable cause determinations solely for dental hygienists.

SUMMARY: The change will allow current or former dental hygiene members to make probable cause determinations regarding licensed dentists.

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: 456.073(4), 466.004(4) FS.

LAW IMPLEMENTED: 456.073(4) 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: Ashleigh K. Irving, Acting 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:

 

64B5-13.001 Determination of Probable Cause.

(1) No Change.

(2) The probable cause panel shall be appointed by the Chairman and shall be composed of three members, two of which must be dentists who hold valid and active dental licenses in this State. At least two members of the probable cause panel must be present to constitute a quorum. If only two members are present, the determination of probable cause shall require the affirmative vote of both members present.

(a) Up to One or two members may be former dentist, dental hygienist or consumer Board members.

(b) No Change.

(c) At least one member must be a current or former consumer member of the Board if one is available and willing to serve. If a consumer member is not available or willing to serve, a current or former dental hygienist member of the Board shall serve on the panel if available or willing to serve.

(d) When an investigation report of a dental hygienist or a dental radiographer will be considered by the panel, for those investigation reports only, at least one member must be a current or former dental hygienist member of the Board if one is available and willing to serve.

(e) Any former dentist or dental hygiene member of the Board appointed to the panel must currently hold a valid and active dental or dental hygiene license in this State.

(f) No Change.

(3) No Change.

Rulemaking Authority 456.073(4), 466.004(4) FS. Law Implemented 456.073(4) FS. History–New 11-11-79, Amended 12-7-81, 7-13-82, Formerly 21G-13.01, Amended 1-18-89, Formerly 21G-13.001, Amended 11-22-93, Formerly 61F5-13.001, 59Q-13.001, Amended 9-27-01, 2-27-18, _____________.

 

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 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 24, 2024