Notice of Proposed Rule

DEPARTMENT OF HEALTH
Board of Dentistry
RULE NO.: RULE TITLE:
64B5-14.003: Training, Education, Certification, and Requirements for Issuance of Permits
PURPOSE AND EFFECT: The Board proposes the rule amendment to eliminate Fellow of the American Dental Society of Anesthesiology and eliminates use of physician anesthesiologist, which is to be added in new rule.
SUMMARY: The proposed changes will eliminate Fellow of the American Dental Society of Anesthesiology and eliminates use of physician anesthesiologist, which is to be added in new 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: 466.004(4), 466.017(3) FS.
LAW IMPLEMENTED: 466.017(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

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

(1) General Anesthesia Permit.

(a) A permit shall be issued to an actively licensed dentist authorizing the use of general anesthesia or deep sedation at a specified practice location or locations on an outpatient basis for dental patients provided the dentist:

1. through 4. No change.

5. Is a Fellow of the American Dental Society of Anesthesiology.

(b) through (e) No change.

(f) A dentist who has not met the requirements specified in paragraph (1)(a) of this rule may treat patients under deep/general anesthesia as defined in subsections 64B5-14.001(2) and (3), F.A.C., in his practice if a physician anesthesiologist, as defined in subsection 64B5-14.001(12), F.A.C., is present and is responsible for the administration of the anesthetic and if the conditions as set forth in both sub-paragraphs 1. and 2. below are met. Failure to comply with these conditions may result in disciplinary action against the dentist.

1. The dentist is a holder of a valid sedation permit.

2. The dentist complies with the requirements for the appropriate equipment, supplies and facilities, as set forth in Rule 64B5-14.008, F.A.C., when the physician anesthesiologist is administering anesthesia/sedation in the dentist’s office.

(2) through (4) No change.

Rulemaking Specific Authority 466.004(4), 466.017(3) FS. Law Implemented 466.017(3) 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,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Anesthesia Committee
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Dentistry
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 18, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 2, 2011