Rulemaking is necessary to provide for denture replacement; increase eligibility for acrylic partial dentures; amend form DC4-698A to reflect current procedures; and other minor revisions as necessary.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-402.101Dental Services - General

PURPOSE AND EFFECT: Rulemaking is necessary to provide for denture replacement; increase eligibility for acrylic partial dentures; amend form DC4-698A to reflect current procedures; and other minor revisions as necessary.

SUMMARY: The proposed amendment decreases the wait time for periodic oral exam from three to two years and allows for denture replacement every five years, if applicable. The rule also amends the procedure for missed appointments, restorative treatments and updates the form used to request dental services.

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: The Department used an itemized checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory cost associated with this rule that exceeds the criteria. Upon review of the proposed changes to the rule, the Department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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: 944.09, F.S.

LAW IMPLEMENTED: 466.001, 466.003, 466.017, 466.023, 466.024, 944.09, 945.6034, 945.6037, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lauren Sanchez, Paralegal Specialist, 501 S. Calhoun Street, Tallahassee, FL 32399 [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Office of the General Counsel, Attn: FDC Rule Correspondence, 501 South Calhoun Street, Tallahassee, Florida 32399, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-402.101 Dental Services – General.

(1) through (6) No change.

(7) Dental services available to inmates are based upon four levels of dental care.

(a) No change.

(b) Level II dental care is available to inmates with less than six months of Department of Corrections’ incarceration time. It includes:

1. through 4. No change.

5. If an inmate has no upper or lower teeth and requests dentures, the inmate is to be placed on the appointment waiting list at his or her permanent facility. The inmate is not required to wait six months for Level III care.

(c) Level III dental care is available to inmates with six months or more of continuous Department of Corrections’ incarceration time. Level III includes:

1. through 4. No change.

5. After the inmate has received a complete cleaning, he or she is eligible for:

a. Fillings/Restorative treatment.

b. Partial dentures.

I. Acrylic partial dentures provided the inmate has at least four months of continuous Department of Corrections’ incarceration time remaining on his or her sentence. Three or more anterior (front) teeth in an arch must be missing before an anterior acrylic partial denture is considered. Acrylic partial dentures will not be made available for purely cosmetic reasons.

II. through III. No change.

IV. When indicated, dentures(s) are eligible for replacement every five years. Only one denture(s) will be provided in a lifetime with one reline provided at no cost.  Dentures required more often will be charged to the inmate unless such a requirement is caused by a change in the inmate’s dental condition that renders the existing denture(s) nonfunctional.

c. Nonemergency endodontic (root canal) therapy is available to Level III inmates (more than six months of continuous Department of Corrections’ incarceration time) when clinically indicated. All teeth receiving endodontic therapy must have adequate support in the surrounding gum tissues and have a good chance of recovery and long-term long term retention. In addition, posterior teeth receiving endodontic therapy must be crucial to arch integrity (no missing teeth in the quadrant or necessary as a partial denture abutment.)

d. No Change

(d) Level IV dental care represents advanced dental services that may be available on a limited basis.

1. This level of dental care is available to inmates on an as-needed basis after completion of Level III services and successful demonstration of a plaque free index score of 90 percent or greater for two consecutive months. If an inmate cannot demonstrate that he or she is following an acceptable oral hygiene program, advanced dental therapy will not be considered.

2. No Change

3. Fixed prosthetics (multiple units crowns and bridges) are not to be done except in unusual circumstances and only when an adequate restoration cannot be placed. The inmate will be responsible for the lab charges associated with the replacement of single unit crowns installed prior to incarceration.

(8) Dental Care Requests, Complaints and Formal Grievances.

(a) Inmate requests for dental services shall be submitted on Form DC6-236, Inmate Request or Form DC4-698A, Inmate Sick-Call Request, and submitted to the Senior Dentist or his or her designee. Form DC4-698A is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Bureau of Policy Development. 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-13148. The effective date of this form is XX/XX 05-21. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(b) No Change

(9) Co-payments for Dental Services.

(a) No Change

(b) There will be no co-payment for emergency dental services. If an inmate declares a dental emergency that does not meet the dental emergency guidelines, no treatment will be rendered, and a co-payment charge will be assessed.

(10) Missed Appointments. Inmates who do not keep their dental appointments shall be rescheduled, with the following exceptions except for the following:

(a) No Change

(b) All inmates having three non-security related no-shows within a six-appointment six appointment time span shall be removed from the dental treatment list and will not be rescheduled again for routine or comprehensive dental care unless a written request is submitted for continuation for dental care. If such written request is submitted, tThe inmate will be placed on the appointment waiting list and will not be given preferential appointments unless the inmate’s overall health would be adversely affected by delaying dental treatment.

Rulemaking Authority 944.09 FS. Law Implemented 466.001, 466.003, 466.017, 466.023, 466.024, 944.09, 945.6034, 945.6037 FS. History–New 6-11-08, Amended 4-23-20, 5-25-21, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Clayton Weiss, Director of Health Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ricky D. Dixon, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2023