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http://www.floridasdentistry.gov DEPARTMENT OF HEALTH BOARD OF DENTISTRY DIVISION OF MEDICAL QUALITY ASSURANCE Department of Health 4052 Bald Cypress Way, Bin #C08 Tallahassee, Florida 32399-3258 CHAPTER 466 FLORIDA STATUTES AND RULE 64B5, FLORIDA ADMINISTRATIVE CODE MAY 2013

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Page 1: DEPARTMENT OF HEALTH BOARD OF DENTISTRYfloridasdentistry.gov/Forms/Law-and-Rule-Booklet-2013-den.pdf · DEPARTMENT OF HEALTH BOARD OF DENTISTRY BOARD MEMBERS Daniel Gesek, D.M.D.,

http://www.floridasdentistry.gov

DEPARTMENT OF HEALTH

BOARD OF DENTISTRY DIVISION OF MEDICAL QUALITY ASSURANCE

Department of Health 4052 Bald Cypress Way, Bin #C08 Tallahassee, Florida 32399-3258

CHAPTER 466 FLORIDA STATUTES

AND

RULE 64B5, FLORIDA ADMINISTRATIVE CODE

MAY 2013

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INTRODUCTION The purpose of this booklet is to assemble and/or identify in one place the Florida laws and rules to which the Board of Dentistry, the Department of Health and Florida licensed dentists and dental hygienists must adhere. All of the Florida statutes and administrative rules mentioned in this introduction are not included in this booklet but are easily obtained on request. (Those in bold are included.) Chapter 466, Florida Statutes, is the law which governs the practice of dentistry in the State of Florida. In addition to the law, the Board promulgates rules to further define the mandate of the law. Chapter 64B5 (formerly 59Q), Florida Administrative Code, includes the rules promulgated by the Board of Dentistry. The Board is required by law to promulgate certain rules to implement specific mandates with Florida Statutes, Chapters 466, 455 and 120, and the Board has specific authority to promulgate other rules within these statutes so long as the rules are not inconsistent with the laws. Chapter 456, Florida Statutes, is the law that governs the Department of Health. Within Chapter 456 the Department's and the Board's scopes interrelate and intertwine and the Board must/may promulgate rules in order for the Department to carry out the mandate of the law. Chapter 120, Florida Statutes, is the Administrative Procedures Act. The purpose of the act is to ensure that the general public has access to information regarding the functions and duties of administrative bodies, e.g. Board of Dentistry and Department of Health, whose actions may effect the interests of private citizens. Under Chapter 120, the Administration Commission (the Governor and Cabinet) has adopted model rules (Chapter 28) by which agencies are required to abide when dealing with rulemaking and hearing procedures to the extent that each agency does not adopt a specific rule of procedure covering the subject matter contained in the model rules applicable to that agency. Complaints against a licensee..………………………………………………........... (850) 245-4339 Address for Board of Dentistry: Department of Health Board of Dentistry 4052 Bald Cypress Way, BIN #C08 Tallahassee, FL 32399-3258 www.floridasdentistry.gov

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DEPARTMENT OF HEALTH

BOARD OF DENTISTRY BOARD MEMBERS

Daniel Gesek, D.M.D., Robert Perdomo, III, D.M.D. Chair Vice Chair Dentist Dentist Jacksonville Coral Gables William Kochenour, D.D.S. Carl Melzer, D.D.S. Dentist Dentist Clearwater Coral Gables Joseph J. Thomas, D.D.S. Carol Stevens, D.D.S. Dentist Dentist Vero Beach Port Charlotte Wade Winker, D.D.S. Catherine Cabanzon, R.D.H., B.A.S.D.H. Dentist Dental Hygienist Eustis West Palm Beach Elmira Gainey Vacant Consumer Member Dental Hygienist Stuart Vacant Consumer Member

Sue Foster, Executive Director Board of Dentistry

Department of Health 4052 Bald Cypress Way, BIN #C08

Tallahassee, Florida 32399-3258 (850) 245-4474

GOVERNOR OF FLORIDA RICK SCOTT

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ANSWERS TO MOST FREQUENTLY ASKED QUESTIONS

(As a licensee, you are responsible for knowing the laws and rules governing dentistry in Florida. Keep this rule book for reference.) RENEWAL PERIOD & FEES - Licenses must be renewed each biennium. The biennium is March 1st through February 28th of every even-numbered year. The fees at present are $305.00 for dentists and $105.00 for hygienists. The fees for future bienniums are subject to change. Renewal notices are mailed at least 90 days prior to the expiration date of the license; however, pursuant to rule 64B5-12.013(5), it is the licensee’s responsibility to renew his/her license whether or not he/she receives a renewal notice. The expiration date is printed on each license. Ref: 64B5-15, F.A.C. CHANGE OF ADDRESS - All licensees are required to notify the Board in writing within 10 days of any change in their addresses. There is no way for a licensee to receive communication from the Board if it has an incorrect address. Ref: 64B5-17.0011, F.A.C. CONTINUING EDUCATION DENTIST - For renewal of dental licenses, a total of 30 hours of continuing education is required which must include 2 hours in the prevention of medical errors. To receive credit, all courses must be taken with board approved providers. Each licensee must complete a course in HIV/AIDS prior to the first license renewal. Each licensee must complete a two (2) hour course on domestic violence as part of every third licensure renewal. In addition to the 30 hours, for each license renewal biennium, a licensed dentist must complete a CPR course at the basic life support level, which includes training in cardiopulmonary resuscitation (CPR) at the basic support level, including one-rescuer and two-rescuer CPR for adults, children, and infants; the relief of foreign body airway obstructions for adults, children, and infants; the use of an automatic external defibrillator (AED); and the use of ambu-bags resulting in certification or recertification by the American Heart Association, the American Red Cross or an entity with equivalent requirements. DO NOT SEND PROOF UNLESS YOU ARE AUDITED. Each licensee is required to retain PROOF at least 4 years. Ref: 64B5-12, FAC. Anesthesia permit holders are required to complete at least four (4) hours of continuing education relating to anesthesia each biennium the permit is held, to include two (2) hours dealing with the management of medical emergencies. These hours would be included in the 30 hours of continuing education required by Section 466.0135(1), Florida Statutes. CONTINUING EDUCATION DENTAL HYGIENIST - For renewal of a dental hygiene license, a total of 24 hours of continuing education is required, and must include 2 hours in the prevention of medical errors. To receive credit, all courses must be taken with board approved providers. Each licensee must complete a course in HIV/AIDS prior to the first license renewal. Each licensee must complete a two (2) hour course on domestic violence as part of every third licensure renewal. In addition to the 24 hours, for each license renewal biennium, a licensed dental hygienist must complete a CPR course at the basic life support level, which includes training in cardiopulmonary resuscitation (CPR) at the basic support level, including one-rescuer and two-rescuer CPR for adults, children, and infants; the relief of foreign body airway obstructions for adults, children, and infants; the use of an automatic external defibrillator (AED); and the use of ambu-bags resulting in certification or recertification by the American Heart Association, the American Red Cross or an entity with equivalent requirements. DO NOT SEND PROOF UNLESS YOU ARE AUDITED. Each licensee is required to retain PROOF at least 4 years. Ref: 64B5-12, FAC. REACTIVATION OF LICENSE - To reactivate a license, the licensee may be required to submit the following fees: renewal fee, active or inactive fee; delinquency fee; and, if applicable, a processing fee. This is not a penalty fee, but the normal process a license goes through when allowed to go inactive, pursuant to Chapter 456.036, F.S. Proof of continuing education must be submitted with the application to reactivate; 12 hours per year for dental hygienists and 15 hours per year for dentists for each year inactive or delinquent.

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AUDITING CONTINUING EDUCATION - Each licensee must show proof of completion of continuing education if he/she is selected by random audit. The licensee will be contacted by the Board office if selected. Ref: Chapter 466.0135 & 466.014, F.S. DISPENSING PRACTITIONERS - This designation refers to dentists who, in their offices, fill the prescriptions they write. This does not refer to a dentist who writes prescriptions to be filled at a pharmacy. Dispensing fluorides and chlorohexidine rinse solutions are exempt from this requirement. Do not register as a dispensing practitioner unless you are one. The Department is required to inspect the dental facilities of all dispensing practitioners.

DENTAL LAB PADS - Dentists are required to use dental laboratory procedure prescription forms when prescribing work for dental laboratories. Only the dentist to whom the pads are issued may use them. If the dental laboratory used is located in Florida, it must be registered and the dentist shall place the lab's registration number on each prescription form. Dentists may utilize the printing company of their choice for printing of the dental work order pads. Rule 64B5-17.006, F.A.C., provides the minimum information approved by the Board that must be included on the form. MILITARY STATUS - Licensees who are members in good standing in the Armed Forces and/or their spouses are exempt from the fees and continuing education requirements for license renewal. Military status must be indicated on the license for this to be applicable. Practice in the private sector is prohibited while on military status. Ref: 456.024, F.S. FEES FOR DUPLICATE LICENSES AND CERTIFICATIONS - There is a $25 fee for each duplication of a license, certification of licensure and permit. Ref: 64B5-15.016, F.A.C. REMEDIABLE TASKS - To perform remediable tasks an assistant or hygienist shall post his/her certificate of completion from a dental hygiene or dental assisting program accredited by the American Dental Association's Commission on Dental Accreditation or a course or program approved by the Board for the purpose of providing expanded duties training. If a new task is determined delegable in the rule but was not included in the licensee's training, the Board approved expanded duty course teaching this task must be completed before the auxiliary can perform the task. The only intra-oral tasks deemed delegable are those listed in 64B5-16. Ref: Chapter 466.024, F.S. & 64B5-16, F.A.C. CERTIFICATION FOR DENTAL RADIOGRAPHERS - If an auxiliary has completed a dental hygiene or dental assisting program approved by the American Dental Association's Commission on Dental Accreditation, he/she need only post in the dental office his/her certificate of completion to position and expose dental radiographic film. If not, an auxiliary must work under the direct supervision of a Florida licensed dentist assisting in the positioning and exposing of radiographic film, complete an ADA or Board approved radiology course and apply for certification on forms provided by the Board. A $35 fee must accompany the application. Ref: 64B5-9, F.A.C. LICENSURE EXAMINATIONS – Applicants for licensure as dentists and dental hygienists must successfully complete the practical or clinical examinations developed by the American Dental Board of Examiners, Inc. (ADEX) and administered by the North East Regional Board of Dental Examiners, Inc. (NERB). Please visit www.nerb.org for information about the examinations, such as examination schedules, candidate manuals and forms. Dental applicants who take the ADEX exam outside of Florida must meet practice requirements during the first year of licensure. For complete information, please review s. 466.006, F.S. ANESTHESIA PERMITS - Each dentist in Florida who plans to administer general anesthesia, conscious sedation or pediatric conscious sedation must be permitted by the Board. Each facility at which he/she administers must be on file in the Board office with the type of anesthesia indicated for each facility. All permit holders shall inform the Board office in writing of any change in authorized location for the use of such permits prior to accomplishing such changes. Applications are available on the website

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http://www.floridasdentistry.gov. As soon as the application is complete, it shall be submitted to the Anesthesia Committee for review. The applicant must be evaluated and the office(s) where anesthesia will be administered must be inspected prior to issuance of the permit. For requirements to be permitted, refer to rule 64B5-14, F.A.C. Ref: Chapter 466.017, F.S., & 64B5-14, F.A.C. Anesthesia permit holders are required to complete at least four (4) hours of continuing education relating to anesthesia each biennium the permit is held, to include two (2) hours dealing with the management of medical emergencies. These hours would be included in the 30 hours of continuing education required by Section 466.0135(1), Florida Statutes. Telephone number for Board of Dentistry: (850) 245-4474 Make checks payable to: Board of Dentistry

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