The Board proposes the rule promulgation to accommodate changes related to HB 855.

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-13.005Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes the rule promulgation to accommodate changes related to HB 855.

SUMMARY: To proposes the rule promulgation to accommodate changes related to HB 855.

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 at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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: 456.079(1), 456.47(7) FS.

LAW IMPLEMENTED: 456.072(2), 456.079(1), 456.47(4), 466.028 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: Kelly Rogers, 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:

 

64B5-13.005 Disciplinary Guidelines.

(1) When the Board finds an applicant, licensee, certificate holder, or telehealth registrant whom it regulates under Chapter 466, F.S., has committed any of the acts set forth in Section 456.072(1), 466.028, or 456.47, F.S., it shall issue a final order imposing appropriate penalties as recommended in these disciplinary guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The maximum penalties set forth in any individual offense guideline include all of the less severe penalties that would fall in between the maximum and the minimum penalties stated. For telehealth registrants, a suspension may be accompanied by a corrective action plan that addressees the conduct which resulted in the underlying disciplinary violations.  The Board may require a corrective action plan be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term.

VIOLATION	PENALTY RANGE
	MINIMUM	MAXIMUM	TELEHEALTH REGISTRANT MINIMUM	TELEHEALTH REGISTRANT MAXIMUM
(a) through (lll) No Change.
(mmm) Failure by the dentist of record, before initial diagnosis and correction of a malposition of human teeth or initial use of an orthodontic appliance, to perform an in-person examination of the patient or obtain records from an in-person examination within the last 12 months and to perform a review of the patient's most recent diagnostic digital or conventional radiographs or other equivalent bone imaging suitable for orthodontia. (Section 466.028(1)(mm)
First Offense	$2,500 fine.	One (1) year probation with conditions and $7,500 fine.	Reprimand or Denial of Application.	One (1) year Suspension or Denial of Application.
Second Offense	One (1) year probation with conditions and $5,000 fine.	One (1) year suspension and $10,000 fine.	Six (6) month Suspension.	Revocation.
Third Offense	Two (2) years probation and $7,500 fine.	Revocation and $10,000 fine.	One (1) year Suspension.	Revocation.
(nnn) Failing to provide each patient with the name, contact telephone number, after-hours contact information for emergencies, and the license information of each dentist who is providing dental services to the patient. (Section 466.028(1)(nn)
First Offense	$500 fine.	One (1) year probation with conditions and $5,000 fine.	Reprimand.	Six (6) month Suspension or Denial of Application.
Second Offense	$1,000 fine.	Two (2) years probation with conditions and $5,000 fine.	Six (6) month Suspension.	One (1) year Suspension.
Third Offense	$5,000 fine.	Revocation and $10,000 fine.	One (1) year Suspension.	Revocation.

(2) Through (5) No Change.

Rulemaking Authority 456.079(1), 456.47(7) FS. Law Implemented 456.072(2), 456.079(1), 456.47(4), 466.028 FS. History–New 12-31-86, Amended 2-21-88, 1-18-89, 12-24-91, Formerly 21G-13.005, 61F5-13.005, 59Q-13.005, Amended 4-2-02, 8-25-03, 2-27-06, 12-25-06, 6-11-07, 9-15-10, 12-2-10, 1-24-12, 4-25-17, 11-14-18, 11-9-22,_______________.

 

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: July 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 20, 2024