The Florida Board of Dentistry (BOD) met in Lake Mary on Friday, Nov. 16, 2018 at 7:30 a.m. The Florida Dental Association (FDA) was represented by FDA BOD Liaison Dr. Don Ilkka and Director of Third Party Payer of Professional Affairs Casey Stoutamire. Other FDA members in attendance included Drs. Andy Brown, Joe Calderone and Michael Ragan. Students from the Nova Southeastern University College of Dental Medicine, as well as students from the hygiene programs at Valencia and Seminole state colleges also were in attendance.

All the BOD members were present, which included: Dr. T.J. Tejera, chair; Dr. Naved Fatmi, vice chair; Drs. Matt Freedman, Nick Kavouklis, Claudio Miro and Nick White; Ms. Cathy Cabanzon and Ms. Angie Sissine, hygiene members; and, Mr. Fabio Andrade, consumer member. There is one dentist position and one consumer position open on the board that the governor has not yet filled.

The BOD recognized Dr. Calderone for his service to the citizens of Florida. Dr. Calderone completed his term on the BOD Oct. 31, 2018. The FDA thanks him for his service! In addition, Dr. Miro was elected chair and Dr. Fatmi will continue as vice chair for the upcoming year. Congratulations to them both and the FDA looks forward to working with them!

The BOD heard several requests for variances and waivers to the anesthesia rules. A dentist’s request for a variance or waiver of Rule 64B5-14.0032 that requires a dentist to be an anesthesia permit holder if they are going to use a physician anesthesiologist in their office to administer sedation was denied. One variance on a request for an anesthesia permit was granted because the BOD found the applicant met the spirit of the rule and his circumstances were unique. He completed the didactic portion at a CODA-approved program, but his sedation cases were not done at an accredited program. However, he showed logs of anesthesia cases he has performed in his private practice in Alaska. He also is routinely performing sedation in his practice, as he has not yet moved to Florida. However, in a similar case, the BOD did not grant the variance for an anesthesia permit. Although he also completed the didactic portion at a CODA-approved program, his sedation cases were not, and he has not performed sedation since 2005. It was advised that he complete his 20 sedation cases through an accredited program and then his permit could be granted.

BOD Executive Director Ms. Jennifer Wenhold reported that the BOD is more than $1 million in the red on its budget and the shortfall is projected to be $8 million plus by 2020. The only way to truly make up the budget shortfall is a fee increase, but legislation must be passed to implement this. With a Republican-controlled legislature and a Republican governor, this is not likely. Thus, the BOD approved a motion creating an initial inspection fee for a General Anesthesia Permit, Moderate Sedation Permit and Pediatric Sedation Permit to $2,000. The actual cost of an inspection is about $1,964.52, so this fee will cover the actual cost of the inspection. It’s only for the initial inspection and will not be for routine inspections or for another office. The fees may be refunded if the applicant is denied the permit without inspection. In addition, the fee for biennial renewal of a dental temporary certificate will now be $300, where there wasn’t a fee before. Finally, the fee for an initial dental residency permit, dental teaching permit and dental temporary certificate shall now be $300, where there also wasn’t a fee before.

Ms. Sissine updated the BOD on the status of the restorative function dental auxiliary (RFDA) proposals. The BOD moved the RFDA proposal forward so Mr. David Flynn, the BOD attorney, can start the rulemaking process. The Hygiene Council discussed the proposal on their Nov. 28 call. They bifurcated the rule as they had some suggestions for the rule language as it applies to hygienists. The full BOD met via conference call on Dec. 19 and unanimously approved the proposed RFDA rule for dental assistants. The BOD will discuss the RFDA rule for hygienists at its meeting in February.

Mr. Flynn informed the BOD that dentistry was the first regulatory board to fully implement HB 21 and its corresponding rules. The BOD rule on the prescription of opioids became effective on Dec. 4. Please see floridadental.org/opioidlaw for more information. In addition, Baptist Health was recognized as an approved provider of the mandatory continuing education (CE) course.

There were five disciplinary cases, one informal hearing not involving disputed issues of material facts, one determination of waiver and two voluntary relinquishments that dealt with failing to keep adequate records, failing to meet the minimum standard of care and Medicaid fraud. If you have not yet attended a BOD meeting, it is suggested that you take the opportunity to attend and see the work of the BOD. It is much better to be a spectator than a participant in BOD disciplinary cases.

The next BOD meeting is scheduled for Friday, Feb. 15 at 7:30 a.m. EST in Gainesville. For additional information on the BOD, click here.

Today's FDA - Jan/Feb 2019

Sep 4, 2024