The Board proposes the rule amendment to provide the fees for initial inspection for a General Anesthesia Permit, Moderate Sedation Permit, and for a Pediatric Moderate Sedation Permit.

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-15.018Initial Permit Fees for General Anesthesia, Pediatric Moderate Sedation, and Parenteral Moderate Sedation Permits

PURPOSE AND EFFECT: The Board proposes the rule amendment to provide the fees for initial inspection for a General Anesthesia Permit, Moderate Sedation Permit, and for a Pediatric Moderate Sedation Permit.

SUMMARY: The fees for initial inspection for a General Anesthesia Permit, Moderate Sedation Permit, and for a Pediatric Moderate Sedation Permit will be provided.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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 been prepared by the Agency.

The following is a summary of the SERC:

• It is unlikely that the rule amendment will have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule.

• It is unlikely that the rule amendment will raise the price of goods or services provided by Florida businesses.

• It is unlikely that the rule amendment will add regulation that is not present in other states or markets.

• It is unlikely that the rule amendment will reduce the quality of goods or services Florida businesses are able to produce.

• It is unlikely that the that rule amendment will cause Florida businesses to reduce workforces.

• It is unlikely that the rule amendment will increase regulatory costs to the extent that Florida business will be unable to invest in product development or other innovation.

• It is unlikely that the rule amendment will make any product or service illegal that is currently legal.

• The rule amendment would only affect those dentists who applied for a dental sedation permit and received an initial dental sedation inspection.

• According to the Division of Medical Quality Assurance’s Annual Report for the fiscal year 2017/2018, there were 53 dentists who applied for a dental sedation permit and received an initial dental sedation inspection. Therefore, it is estimated that approximately 53 dentists would be required to pay the initial dental sedation inspection fee each year.

• The total fees for all the 53 dentists who applied for a dental sedation permit and received an initial dental sedation inspection, would be $530,000. Because this is a one-time initial inspection fee, there is no recurring costs to the small businesses over the next five years.

• A general description of the types of individuals likely to be affected by the rule are any licensed dentist in the State of Florida approved and inspected for an initial general anesthesia, moderate sedation or pediatric moderate sedation permit.

• The rule amendment will not impose any additional costs to the agency.

• The rule amendment will not impose costs to any other state and local government entities.

• The estimated number of small businesses that would be subject to the rule is 1-99.

• There is no small city or small county that will be affected by the rule amendment.

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: 466.004, 466.017 FS.

LAW IMPLEMENTED: 466.017 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: Jennifer Wenhold, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B5-15.018 Initial Permit and Inspection Fees for General Anesthesia, Pediatric Moderate Sedation, and Moderate Sedation Permits.

(1) through (3) No change.

(4) Initial permit fees may be refunded if the applicant is denied the permit without inspection.

(4) The initial inspection fee for a General Anesthesia Permit shall be $2,000.00.

(5) The initial inspection fee for a Moderate Sedation Permit shall be $2,000.00.

(6) The initial inspection fee for a Pediatric Moderate Sedation Permit shall be $2,000.00.

(7) Initial permit fees may be refunded if the applicant is denied the permit without inspection.

Rulemaking Authority 466.004, 466.017 FS. Law Implemented 466.017 FS. History–New 11-16-89, Formerly 21G-15.018, 61F5-15.018, 59Q-15.018, Amended 9-9-98, 2-14-06, 9-12-17,           .

 

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: December 19, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 24, 2018