Florida Laws and Rules

  1. This includes the rules promulgated by the Board of Dentistry.
    Florida Administrative Code, Chapter 64B5
  2. This is the law which governs the practice of dentistry in the State of Florida.
    In addition to the law, the Board promulgates rules
    • Chapter 466, Florida Statutes
    • * the Board promulgates rules to further define the mandate of the law.
    • *The legislative purpose for enacting this chapter is to ensure that every dentist or dental hygienist practicing in this state meets minimum requirements for safe practice without undue clinical interference by persons not licensed under this chapter.
  3. Supervision whereby a dentist diagnoses the condition to be treated, a dentist
    authorizes theprocedure to be performed, a dentist remains on the
    premises while the procedures are performed, and a dentist approves the
    work performed before dismissal of the patient.
    Direct supervision
  4. Supervision whereby a dentist authorizes the procedure and a dentist is on
    the premises while the procedures are performed.
    Indirect supervision
  5. A dentist authorizes the procedures which are being carried out but need
    not be present when the authorized procedures are being performed.
    General supervision. DOESNT NEED TO BE ON THE PREMESIS
  6. Intraoral treatment tasks which, when performed, are irreversible and
    create unalterable changes within the oral cavity or the contiguous
    structures or which cause an increased risk to the patient. ie: anesthetics
    other than topical anesthesia
    Irremediable tasks
  7. Intraoral treatment tasks which are reversible and do not create
    unalterable changes within the oral cavity or the contiguous structures
    and which do not cause an increased risk to thepatient. ie: topical
    anesthesia
    Remediable tasks
  8. The specialty of dentistry involving diagnosis, surgery, and adjunctive
    treatment of diseases, injuries, and defects involving the functional and
    esthetic aspects of the hard and soft tissues of the oral and maxillofacial
    regions
    OMFS
  9. Who is the administrative commission?
    The governor and the cabinet
  10. The Administrative procedures Act which insures that the public has access
    to information regarding administrative bodies, that may affect private
    citizens. Ex: Board of Dentistry and the Department of Health
    • Chapter 120
    • Florida Statutes
  11. Who is exempt from Chapter 466?
    • Licensed physician or surgeon, practicing his profession including procedures involving the oral cavity
    • A qualified anesthetist giving an anesthetic for a dental operation under the direct supervision of a licensed dentist.
    • Dentists practicing in the U.S. Armed Forces, Public Health or Department of Veteran’s Affairs
    • The practice of dentistry by licensed dentists of another state or country, appearing as a clinician at a meeting of a Board approved dental organization
    • Students in Florida dental, hygiene and assisting schools, performing assigned work under the schools curriculum
    • Full time instructors at a dental, hygiene or assisting schools
  12. Members of the Board are _____ by the governor and _____ by the senate...
    What are the requirements?
    • 11 members - appointed by the Governor and confirmed by the Senate (in Tallahassee).
    • Summary: 7D, 2DH, 2 Lay Persons
    • 7 members of the board must be licensed dentists in clinical practice, in and active clinical practice of dentistry for at least 5 years while on the board.
    • 4-year terms, but may serve no more than a total of 10 years
  13. The councils who advises the board are...
    • Council on Dental Hygiene (5), appointed by board chair: 1RDH member of the board, who shall chair the council, 1D and 3RDH.. (must meet 3x a year), charged with the responsibility of rule or policy recommendations on matters of dental hygienists, to be considered by the board
    • Council on Dental Assisting (4)appointed by board chair: 1 Board member chair and active DAs, meet at request of chair.
    • Committee on Continuing Professional Education: Consists of at least 1DDS member, 1 public member, and 1RDH, Involved with CE provider status and requests for CE credit for individual study. Administers continuing education requirements
  14. A dentist is required to complete how much continuing education?
    • 30 contact hours every 2 year: Includes 2 hrs prevention of medical errors
    • Course in HIV/AIDS prior to the first license renewal.
    • ***2hr course on domestic violence as part of e very third licensure renewal. (every 6 years)
    • In addition to the 30 hours, a CPR course at the basic life support level. (children, adults, AED, ambu-bag)
    • Hygienists are 24hrs every 2 years
  15. CE credit will be given for courses
    • Medical, scientific and clinical
    •  Patient health and safety
    •  Dentist’s legal responsibilities
    •  Formal case presentations
    • * 3hrs every 2 years can be practice management
    • No credit for courses on organization or design of a dental office, practice development or management, marketing of dental services, investments or financial management and personnel management.
  16. What is the rate of credits earned in CE?
    • Credits are earned at the rate of one-half credit hour per 25-30 contact minutes of instruction and one credit hour per 50-60 contact minutes of instruction
    • BASICALLY 1 credit per HOUR
  17. For how long should the provider maintain records of CE?
    • 4 years and Course records shall include:
    • a course outline which reflects its educational objectives
    • the instructor’s name, the date and location of the course, participants’ evaluations of the course,
    • the hours of continuing education credit awarded for each participant
    • a roster of participants by name and license number.
  18. When are licenses renewed?
    • The biennium is March 1st through February 28th of every even-numbered year.
    • The fees at present are $305.00 for dentists and notice mailed at least 90 days prior to the expiration date of the license
    • It is the dentist’s responsibility to renew the license whether or not a renewal notice is received.
    • Notify the Board in writing, within 10 days, of any change of address
    • The expiration date is printed on each license.
    • New licensees are exempt from CE requirements for 1st biennium (except for AIDS /HIV course which is required for license renewal)
    • A handwriting sample is being submitted when a license is renewed or applied for initially
  19. Rules for re-activating a license.
    • To reactivate a license, the dentist may need to submit a:
    • renewal fee, an active or inactive fee; a delinquency fee; and, if applicable, a processing fee.
    • Proof of continuing education must be submitted with the application to reactivate 15 hours per year
    • *PRACTICE IN PRIVATE SECTOR IS PROHIBITED WHILE IN THE MILITARY
    • * Any licensee whose license has been inactive for more than two consecutive biennial licensure cycles and who has not practiced for two out of the previous four years in another jurisdiction shall be required to appear before the Board and establish the ability to practice with care and skill. The license may be null & void
  20. A dentist who fills the prescription he/she writes...
    • Dispensing dentist
    • Fluoride and Chlorhexidine are exempt
  21. Failure to either renew the license or elect inactive status before the license expires shall cause the license to...
    • Become delinquent.
    • To apply for renewal or inactive status, you must pay to the Department either the license renewal fee OR the inactive status fee AND the delinquency fee AND, if applicable, the processing fee. For renewal, must demonstrate compliance with the continuing education – 12 hrs/year for DH 15hrs/year for Dentist
  22. Each patient needs to have a ____ __ _____ who is responsible for their treatment (including from a DH or DA)...
    • Dentist of record, not responsible for work done from proper referrals. Other doctors working on patient need to initial the chart to specify different doctor treated.
    • ** Patient records are kept 4 years after patients last appointment.
  23. A hygienist works under _____ ______ of a dentist.
    • General supervision
    • Is permitted without supervision to do DENTAL CHARTING (does not create patient of record)
    • Dental hygienists may, without supervision, provide educational programs, faculty or staff training programs, authorized fluoride rinse programs, and other services which do not involve diagnosis or treatment of dental conditions and which services are approved by rule of the board.
    • To protect the health and safety of patients, the Board may limit number of dental hygienists or dental assistants to be supervised by a dentist if they perform expanded duties requiring direct or indirect supervision. HYGIENE CAN OWN THEIR OWN INSTRUMENTS (approved by their dentist)
  24. Dental Assistants may position and expose dental radiographic films only if ...
    • they have been certified by the Department as dental radiographers or have graduated from a Board-approved dental assisting school or program.
    • To obtain certification:
    • Complete at least 3 months of continuous on-the-job training under the direct supervision of a Florida licensed dentist
    • Successfully complete a Board-approved course within 12 months after the on-the-job training
  25. Patient's name or number
    • In writing
    • Dentist keeps copy for 4 years - Failure to do so can result in license suspension or revocation
    • Lab keeps original for 4 years - Failure is a misdemeanor 2nd degree
    • Must contain:
    • Title – “Laboratory Procedure Prescription;” with Date sent to lab, Pt name or #
    • Name, address and license number of the registered dental laboratory and Florida licensed dentist who owns the prescription form and is authorizing the procedure. 
    • Sufficient descriptive information to clearly identify the case
    • Dentist’s signature, written or electronic
    • Specification of materials to be contained in each work product
  26. These are 3rd degree felonys
    • Practicing dentistry or dental hygiene without an appropriate, active license
    •  Knowingly employing any person to perform duties outside scope allowed
    •  Giving false or forged evidence for the purpose of obtaining a license.
    •  Selling or offering to sell a diploma or license
  27. These are 1st degree misdemeanors...
    • Using the name or title "dentist," the letters "D.D.S." or "D.M .D, without having an active license
    •  Using the name "dental hygienist" or the initials "R.D.H, having an active license Presenting as yours, the license of another
    •  Knowingly concealing information relative to violations of the Florida dental statutes
    •  Performing as a dental assistant, except in a licensed dentist’s office
  28. A controlled state of unconsciousness, produced by a pharmacologic agent,
    accompanied by :

    a. partial or complete loss of protective reflexes
    b. inability to independently maintain an airway
    c. inability to respond purposefully to physical stimulation or verbal command.
    • General anesthesia- REQUIRES PERMIT
    • This includes subcutaneous, submucosal, or inhalation) as well as enteral routes (oral, rectal, or transmucosal.) includes administration of medications via parenteral routes; (intravenous, intramuscular.
    • Propofol, methohexital, thiopental, or etomidate. are general anesthetic drugs and require a General Anesthesia permit
  29. A controlled state of depressed consciousness produced by pharmacologic or non-pharmacologic method or combination of both

    - Accompanied by partial loss of protective reflexes.
    - Inability to continually maintain an airway independently And/Or
    - Inability to respond appropriately to physical stimulation or verbal command..
    Deep Sedation -requires permit
  30. A depressed level of consciousness produced by the administration of pharmacologic substances.

    - The patient retains ability to independently and continuously maintain an airway, and
    - Responds appropriately to physical stimulation and verbal command.
    Includes administration of medications via all parenteral routes, as well as enteral routes.
    • Conscious Sedation -requires permit
    • The drugs, and techniques used should carry a margin of safety wide enough to render unintended loss of consciousness unlikely .
    • Pediatric conscious sedation (under 18) - requires permit, dentist needs PALS training
    • CAN ONLY induce 1 patient at a time, must have assistant and both CPR certified
    • PEDIATRIC is defined by age not weight
  31. The administration by inhalation of a combination of nitrous-oxide and oxygen producing an altered level of consciousness

    - The patient retains ability to independently and continuously maintain an airway and
    - Respond appropriately to physical stimulation or verbal command.
    • Nitrous-Oxide Inhalation Analgesia - NO PERMIT NEEDED
    • Equipment needs 25% oxygen fail-safe system
    • DA and RDH can adjust/shutoff settings (cant induce), direct supervision and 2day course taken
  32. The perioperative use of medication to relieve anxiety before or during a dental procedure which

    - does not produce a depressed level of consciousness and
    -  maintains the patient’s ability to maintain an airway independently and
      - responds appropriately to physical and verbal stimulation.
    • Minimal sedation - NO PERMIT NEEDED
    • Sometimes patients fall into a deeper state, but this does not violate because the intention at the proper dose was a minimal sedation
    • Includes he administration of a single enteral sedative or a single narcotic analgesic, medication administered in doses appropriate for the unsupervised treatment of anxiety and pain.
  33. The following records are required when conscious sedation is administered:
    • The patient’s current written medical and anesthesia history;
    • Physical and risk assessment (e.g., ASA classification);
    • Names of participating personnel
    • Base line vital signs;
  34. DAs and RDH can do remediable procedures usually under some supervision of dentist
    • - Place and remove rubber dam
    • - temporarily cement crowns/bridges
    • - Place retraction cord without vasoconstrictive agent
    • - Apply cavity liners, bases
    • - assistants can only use SLOW SPEED and can change dressing in extraction alveole
    • - hygienist can remove sutures, RDH and DA change periodontal dressing, place temporary resto or crown due to patient discomfort. (patient must be seen by dentist in 3 days and auxiliary must have
  35. Split-fee arrangements
    • ARE PROHIBITED
    • Split-fee arrangements relating to the referral of patients by a client to another health care practice are prohibited.
    • Referral of a patient to another dentist in the same practice is not a split-fee arrangement so long as: any remuneration shared by the dentists is not based upon the number of referrals within the practice and the referral of a patient is in the best interest of the patient.
    • Fee arrangements between dentists in the same health care practice which are based upon productivity or shared net profits are not split-fee arrangements
  36. Banned material
    Sargenti cement (N2) cement used in endo
  37. Infection of Hep B
    • Board notified in writing within 14 days
    • notify patient and local health department immediately
    • 6 months to complete a 6hr program on hepB
  38. Probable cause panel
    • Composed of 3 members (2D and one other board member)
    • For a QUORUM 2 members need to be present
    • Panel must serve 1 year
Author
jesseabreu
ID
340323
Card Set
Florida Laws and Rules
Description
florida laws
Updated