The proposed rule change removes a limitation found in the adopted and incorporated “Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students” which limits instructors of administration of nitrous ....

 

DEPARTMENT OF HEALTH

Board of Dentistry

RULE NO.:RULE TITLE:

64B5-14.003Training, Education, Certification, and Requirements for Issuance of Permits

PURPOSE AND EFFECT: The proposed rule change removes a limitation found in the adopted and incorporated “Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students” which limits instructors of administration of nitrous oxide to those dentists that hold a moderate sedation permit.

SUMMARY: To allow any dentist with an unencumbered license or on the faculty of a dental school that is fully trained in the administration of nitrous oxide to teach the administration of nitrous oxide to dental hygienists.

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 amendment 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: 466.004(4), 466.017(3), (6) FS.

LAW IMPLEMENTED: 466.017(3), (4), (5), (6) 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: Ashleigh K. Irving, Acting 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:

 

64B5-14.003 Training, Education, Certification, and Requirements for Issuance of Permits.

(1) through (3) No Change.

(4) Nitrous-Oxide Inhalation Analgesia.

(a) A dentist may use, or employ and authorize a dental hygienist to assist the dentist in initiating under indirect supervision, as specified by Rule 64B5-16.006, F.A.C., nitrous-oxide inhalation analgesia on an outpatient basis for dental patients provided such dentist and dental hygienist have:

1. Completed no less than a two-day course of training as described in the American Dental Association’s “Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students (eff. 10/16), which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11670 or available at http://www.floridadentistry.gov, or its equivalent, or. For the training of Dental Hygienists or Dental Assistants, the instructor is required to have an unencumbered Florida dental license or be on the faculty of a dental school and be fully trained in the administration of of nitrous oxide. A moderate sedation permit is not required to teach the program.

2. through 3. No Change.

(b) through (e) No Change.

(5) No Change.

Rulemaking Authority 466.004(4), 466.017(3), (6) FS. Law Implemented 466.017(3), (4), (5), (6) FS. History–New 1-31-80, Amended 4-20-81, 2-13-86, Formerly 21G-14.03, Amended 12-31-86, 11-8-90, 2-1-93, Formerly 21G-14.003, Amended 12-20-93, Formerly 61F5-14.003, Amended 8-8-96, 10-1-96, Formerly 59Q-14.003, Amended 2-17-98, 12-20-98, 5-31-00, 6-7-01, 11-4-03, 6-23-04, 6-11-07, 2-8-12, 8-16-12 (1)(a)-(f), 8-16-12 (5), 8-19-13, 12-16-13, 3-9-14, 7-14-16, 11-13-17, 3-10-20, 8-5-21, 9-12-22,__________________.  

 

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: May 17, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 24, 2024