The Board proposes the rule amendment to update violations and penalties. Necessary changes will be made based on the enactment of Chapter 2018-13, Laws of Florida (HB 21).

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-13.0046Citation Authority

PURPOSE AND EFFECT: The Board proposes the rule amendment to update violations and penalties. Necessary changes will be made based on the enactment of Chapter 2018-13, Laws of Florida (HB 21).

SUMMARY: Violations will be updated and based on the enactment of Chapter 2018-13, Laws of Florida (HB 21), necessary changes will be made to the rule.

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, 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: 456.077, 466.004(4) FS.

LAW IMPLEMENTED: 456.072(3)(a), 456.077 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:

 

64B5-13.0046 Citation Authority.

(1) No change.

(2) Violation of Section 466.026(1)(a) and/or 466.028(1)(mm)(aa), F.S., by practicing for a period of 2-6 months without an active license. The penalty for a dentist shall be a $1,000.00 fine to be in addition to any reactivation fee, and completion within 6 months of 4 hours of continuing education in risk management. Said continuing education to be in compliance with Rule Chapter 64B5-12, F.A.C., and in addition to any continuing education required for biennial renewal of licensure. The penalty for a dental hygienist shall be a $250.00 administrative fine.

(3) A first-time violation of Section 466.028(1)(i) and/or 466.028(1)(a), F.S., and/or subsection 64B5-12.013(1) or (2), F.A.C., by failing to renewing a license without complete completing the required continuing education credits. The penalty for a dentist shall be an administrative fine of $100.00 per hour not completed as required and completion of all continuing education hours that were not completed. The penalty for a dentist shall be an administrative fine of $150 for not completing the required training in cardiopulmonary resuscitation (CPR) at the basic life support level. Said continuing education shall be in compliance with Rule Chapter 64B5-12, F.A.C., and shall not count toward any continuing education required for the biennium in which it is completed. Furthermore, the licensee shall submit proof of completion of all required continuing education under this rule to the Board office no later than 12 months from the date of the citation. The penalty for a dental hygienist shall be an administrative fine of $25.00 per hour not completed as required and completion of all continuing education hours that were not completed. The penalty for a dental hygienist shall be an administrative fine of $50 for not completing the required training in cardiopulmonary resuscitation (CPR) at the basic life support level. Said continuing education shall be in compliance with Rule Chapter 64B5-12, F.A.C., and shall not count toward any continuing education required for the biennium in which it is completed. Furthermore, the licensee shall submit proof of completion of all required continuing education under this rule to the Board office no later than 12 months from the date of citation. 

(4) Violation of Rule 64B5-4.002, F.A.C., as follows:

(a) Violation of Rule 64B5-4.002(2), F.A.C., by failing to properly identify through license number or use of the licensee’s commonly used name the Florida licensed dentist, who assumes total responsibility for the advertisement.

(b) through (j) No change.

(5) through (6) No change.

(7) Violation of paragraph 466.028(1)(n), F.S., failure to timely make available to a patient or client, or to his legal representative or to the Department, if authorized in writing by the patient, copies of documents in the possession or under control of the licensee, which relate to the patient or client. Timely means less than 30 days from the receipt of the written authorization. The subject of the citation has 10 business days from the date the citation becomes a final order to release the patient records. The penalty shall be Failure to comply will result in a $1,000.00 fine.

(8) Violation of subsection 466.028(1)(mm), F.S., by violation of Section 456.035(1), F.S., which requires licensees to notify the Board of change of address. The penalty shall be Failure to comply will result in a $250.00 fine.

(9) Violation of subsection 466.028(1)(dd), F.S., by presigning laboratory work order forms. The penalty shall be Failure to comply will result in a $500.00 fine.

(10) Violations of Rule 64B5-15.030, F.A.C., through a violation of Section 466.028(1)(ll), F.S., for failing to pay the one-time fee by no later than February 28, 2008, will result in a $1,000 fine. 

(10) (11) Violation of Sections 466.028(1)(a), (aa) and (mm) (ll), F.S., by means of submission of insufficient funds for initial license or renewal or any other payment to the Department of Health.

(11) Violation of paragraph 456.072(1)(gg), F.S., by a violation of paragraph 893.055(3)(a), F.S., for a failure to report controlled substance dispensing information to the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.  The penalty shall be a $250.00 fine.

(12) Violation of paragraph 456.072(1)(gg), F.S., by a violation of subsection 893.055(8), F.S., for a failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to dispensing a controlled substance.  The penalty shall be a $100.00 fine. 

(12) through (16) renumbered (13) through (17) No change.

Rulemaking Authority 456.077, 466.004(4) FS. Law Implemented 456.072(3)(a), 456.077 FS. History–New 12-24-91, Formerly 21G-13.0046, Amended 11-22-93, Formerly 61F5-13.0046, 59Q-13.0046, Amended 7-19-01, 10-9-06, 2-7-08, 8-25-10, 2-11-15,____. 

 

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 18, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2018