Variance or Waiver filed on August 10, 2006, on behalf of Patricia A. Hornback, D.M.D. Pursuant to Chapter 28-104, F.A.C., and Section 120.542, F.S., petitioner seeks a waiver of subpargraph 64B5-14.003(1)(a)1., F.A.C. Specifically, the Petitioner ...

DEPARTMENT OF HEALTH
Division of Environmental Health

NOTICE IS HEREBY GIVEN that on August 10, 2006, the Board of Dentistry, received a petition for Variance or Waiver filed on August 10, 2006, on behalf of Patricia A. Hornback, D.M.D. Pursuant to Chapter 28-104, F.A.C., and Section 120.542, F.S., petitioner seeks a waiver of subpargraph 64B5-14.003(1)(a)1., F.A.C. Specifically, the Petitioner requests that the 1 year of advanced training required by subpargraph 64B5-14.003(1)(a)1., F.A.C. be waived for the purpose of Petitioner obtaining a general anesthesia permit under this Rule and that Petitioner’s six month training completed in 1979, being the norm according to rules then, be accepted now for the purpose of obtaining a general anesthesia permit. This petition is made in light of Petitioner having been authorized to perform general anesthesia prior to the effective date of the Rule at issue and that combined with the fact that Petitioner under prior authorization has personally performed as well as supervised general anesthesia and deep sedation countless times, she is (1) effectively “grandfathered in,” (2) the purpose of the underlying statute has been achieved by this means and (3) the application of the Rule at issue would create a substantial hardship on the Petitioner in view of the fact that it would, in effect, terminate Petitioner’s practice, dependent as it is on the administration of general anesthesia and deep sedation on a regular basis.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, FL 32399-3258.