reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.0051 - Delegation of Remediable Restorative Functions to Dental Assistants; Supervision Level; and Training and Experience Requirements

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding any other rule provision to the contrary, a
				  dentist may delegate remedial intraoral restorative functions to a Dental
				  Assistant in strict compliance with the provisions of this rule. All functions
				  delegated under this rule shall be performed under direct supervision.
(1) Delegable Restorative Functions: After a
				dentist has prepared a tooth, a dentist may delegate to a dental assistant, who
				has met the mandatory training requirements of this rule, the task of placing,
				packing and contouring amalgam and composite restorations and the fitting and
				contouring of stainless-steel crowns (tasks). However, a dental assistant shall
				not permanently cement stainless steel crowns.
(a) The tasks shall only be performed using a
				slow speed handpiece and hand instruments.
(b) The delegating dentist shall not
				supervise more than four (4) dental hygienists or dental assistants in
				combination who are simultaneously performing the tasks pursuant to this rule
				or a rule authorizing the same or similar delegable tasks for dental
				hygienists.
(c) The delegating
				dentist shall ensure that the patient's dental chart is annotated to reflect
				the initials of the dental assistant who performed the tasks.
(d) The delegating dentist shall also ensure
				that the patient's dental chart reflects that the final restoration was
				verified by the delegating dentist and the result of the verification shall
				also be documented.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.006 - Remediable Tasks Delegable to a Dental Hygienist

Current through Reg. 50, No. 138; July 16, 2024
(1) By virtue of their training and
				licensure, dental hygienists are authorized to perform the following remediable
				tasks without additional training as defined in Chapter 64B5-16, F.A.C. under
				Direct supervision:
Gingival curettage.
(2) The following remediable tasks may be
				performed by a dental hygienist who has received training in these procedures
				in pre-licensure education or who has received formal training as defined by
				Rule 64B5-16.002, F.A.C., and who performs the tasks under Direct supervision:
(a) Fabricating temporary crowns or bridges
				intra-orally which shall not include any adjustment of occlusion to the
				appliance or existing dentition;
(b) Selecting and pre-sizing orthodontic
				bands, including the selection of the proper size band for a tooth to be banded
				which does not include or involve any adapting, contouring, trimming or
				cementing or otherwise modifying the band material such that it would
				constitute fitting the band;
(c)
				Selecting and pre-sizing archwires prescribed by the patient's dentist so long
				as the dentist makes all final adjustments to bend, arch form determination,
				and symmetry prior to final placement;
(d) Selecting prescribed extra-oral
				appliances by pre-selection or pre-measurement which does not include final fit
				adjustment;
(e) Preparing a tooth
				surface by applying conditioning agents for orthodontic appliances by
				conditioning or placing of sealant materials which does not include placing
				brackets;
(f) Packing and removing
				retraction cord, so long as it does not contain vasoactive chemicals and is
				used solely for restorative dental procedures;
(g) Removing and re-cementing properly
				contoured and fitting loose bands that are not permanently attached to any
				appliance;
(h) Inserting or
				removing dressings from alveolar sockets in post-operative osteitis when the
				patient is uncomfortable due to the loss of a dressing from an alveolar socket
				in diagnosed cases of post-operative osteitis; and,
(i) Assist the dentist in the initiation of
				nitrous-oxide inhalation analgesia to a special needs or American Society of
				Anesthesiologists (ASA) Category IV dental patients provided the patient has
				not been previously sedated and the Dental Hygienist is in full compliance with
				the requirements of paragraph 64B5-14.003(4)(a), F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.0061 - Delegation of Remediable Restorative Functions to Dental Hygienists; Supervision Level; and Training and Experience Requirements

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding any other rule provision to the contrary, a
				  dentist may delegate remedial intraoral restorative functions to a Dental
				  Hygienist in strict compliance with the provisions of this rule. All functions
				  delegated under this rule shall be performed under direct supervision.
(1) Delegable Restorative Functions: After a
				dentist has prepared a tooth, a dentist may delegate to a dental hygienist, who
				has met the mandatory training requirements of this rule, the task of placing,
				packing and contouring amalgam and composite restorations and the fitting and
				contouring of stainless-steel crowns (tasks). However, a dental hygienist shall
				not permanently cement stainless steel crowns.
(a) The tasks shall only be performed using a
				slow speed handpiece and hand instruments.
(b) The delegating dentist shall not
				supervise more than four (4) dental hygienists or dental assistants in
				combination who are simultaneously performing the tasks pursuant to this rule
				or a rule authorizing the same or similar delegable tasks for dental
				assistants.
(c) The delegating
				dentist shall ensure that the patient's dental chart is annotated to reflect
				the initials of the dental hygienist who performed the tasks.
(d) The delegating dentist shall also ensure
				that the patient's dental chart reflects that the final restoration was
				verified by the delegating dentist and the result of the verification shall
				also be documented.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.007 - Levels of Supervision for Dental Hygienists (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 466.004,
					 466.023,
					 466.024 FS. Law Implemented
					 466.023,
					 466.024(7)
					 FS.
New 1-18-89, Formerly 21G-16.007, 61F5-16.007, Amended
					 9-27-95, 6-12-97, Formerly 59Q-16.007, Amended 1-8-01, 6-11-07, 7-20-09,
					 6-28-17, 8-29-17, Repealed 12-9-18.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.0075 - Dental Charting by Dental Hygienists

Current through Reg. 50, No. 138; July 16, 2024
(1) Each person who receives a dental
				charting, or the parent or legal guardian of the person receiving dental
				charting, by a dental hygienist pursuant to Section
				466.0235, F.S., and this rule
				shall receive a dental charting form that contains the following information
				and the patient shall acknowledge the following information before receiving
				the dental charting procedure:
(a) The
				patient's name and the names of the patient's parent or legal guardian if the
				patient is a minor.
(b) The
				patient's address or the address of the patient's parent or legal guardian if
				the patient is a minor.
(c) The
				date of the dental charting.
(d)
				The name, license number, and place of employment of the dental hygienist
				performing the dental charting.
(e)
				The location where the dental charting is being performed.
(f) A statement that the purpose of dental
				charting is to collect data for use by a dentist at a prompt subsequent
				examination.
(g) A statement that
				the dental charting performed is not a substitute for a comprehensive dental
				examination.
(h) A statement
				emphasizing that diagnosis of caries, soft tissue disease, oral cancer,
				temporo-mandibular joint disease (TMJ), and dentofacial malocclusions can only
				be completed by a dentist in the context of delivering a comprehensive dental
				examination.
(i) A statement
				emphasizing the inherent limitations of dental charting and encouraging the
				patient to receive a complete examination by a dentist in rendering a
				professional diagnosis of the patient's overall health needs.
(j) Before performing periodontal probing as
				part of a dental charting, dental hygienists shall include a written statement
				on the dental charting form that the patient has received medical clearance
				from a physician or dentist.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.008 - Emergency Remediable Tasks

Current through Reg. 50, No. 138; July 16, 2024
In an emergency in which a dentist of record is unable to be
				  physically present to pre-examine the patient, and the patient will be seen by
				  a dentist within 3 days, the following remediable tasks may be performed by
				  both dental assistants and dental hygienists who hold current CPR certification
				  from the American Red Cross, the American Heart Association or an equivalent
				  CPR training agency and who are trained pursuant to Rule
				  64B5-16.002, F.A.C., without
				  pre-examination by a dentist:
(1)
				Removing and re-cementing properly contoured and fitting loose bands that are
				not permanently attached to any appliance;
(2) Securing or unsecuring an archwire by
				attaching or removing the fastening device;
(3) Inserting or removing dressings from
				alveolar sockets in post-operative osteitis when the patient is uncomfortable
				due to the loss of a dressing from an alveolar socket in diagnosed cases of
				post-operative osteitis;
(4)
				Placing or removing periodontal dressings when the patient is uncomfortable due
				to the loss of a periodontal pack during the prescribed period of
				treatment;
(5) Cementing temporary
				crowns or bridges using temporary cement when the patient is uncomfortable due
				to the loss of a temporary crown or bridge; and
(6) Placing temporary medicinal restorative
				material when the patient is uncomfortable due to the loss of a temporary
				medicinal restoration.
Rulemaking Authority
					 466.004(4),
					 466.023,
					 466.024 FS. Law Implemented
					 466.023,
					 466.024
					 FS.
New 1-18-89, Formerly 21G-16.008, 61F5-16.008, Amended
					 6-12-97, Formerly 59Q-16.008, Amended
					 8-25-98.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.009 - Display of Certificates

Current through Reg. 50, No. 138; July 16, 2024
The supervising licensee is responsible for ensuring that any
				  dental assistant or dental hygienist who performs remediable tasks as a result
				  of formal training shall display the certificate received at the conclusion of
				  the training in a conspicuous public place where the tasks are performed. The
				  supervising licensee shall also keep a copy of each such certificate on file in
				  the dental office at which the dental assistant or dental hygienist performs
				  remediable tasks.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.024(3)
					 FS.
New 1-18-89, Formerly 21G-16.009, 61F5-16.009, Amended
					 8-8-94, Formerly 59Q-16.009.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-16 - REMEDIABLE TASKS DELEGABLE TO DENTAL HYGIENISTS AND DENTAL ASSISTANTS › Section 64B5-16.010 - Prior Certification and Training

Current through Reg. 50, No. 138; July 16, 2024
Dental hygienists and dental assistants trained prior to
				  April 30, 1980, who were at that time authorized to perform tasks set forth by
				  Board Rule may continue to perform those tasks without the formal training
				  required by Rule Chapter 64B5-16, F.A.C.
Rulemaking Authority
					 466.004(4),
					 466.024(3) FS.
					 Law Implemented 466.023(4),
					 466.024(3)
					 FS.
New 4-30-80, Formerly 21G-16.04, Amended 12-31-86, Formerly
					 21G-16.004, Amended 1-18-89, Formerly 21G-16.010, 61F5-16.010,
					 59Q-16.010.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.001 - Required Availability of Dental Records Upon Relocation or Termination of Practice, or Death of Practitioner

Current through Reg. 50, No. 138; July 16, 2024
(1) Patient records are
				confidential and may not be released unless authorized by the patient in
				writing. This confidentiality prohibits review of the records by a dentist
				other than the dentist of record or by other health care providers unless they
				are actually involved in care or treatment of the patient. Maintenance of
				patient records by a deceased dentist's estate, authorized agent of the estate
				or by a successor-owner dentist of a practice does not authorize review of
				patient records. However, limited review for the purpose of obtaining a
				patient's name, address and last date of treatment in order to comply with this
				rule is permitted.
(2) Within 90
				days of a dentist's death, the dentist's estate or agent shall place all
				patient records of the deceased dentist in the care of another Florida licensed
				dentist.
(a) The patient records of the
				deceased dentist shall be maintained and made available to patients for a
				period of 4 years.
(b) Within 90
				days of a dentist's death the dentist's estate or agent shall cause a notice to
				be published in the newspaper of greatest general circulation in the county
				where the dentist practiced, or a prominent notice on the deceased dentist's
				websites, which advises patients of the dentist's death. The notice shall
				advise patients that they may obtain copies of their dental records and specify
				the name, physical address, email address, and telephone number of the person
				from whom the copies of records may be obtained. The website notice shall
				appear at least once a week for four consecutive weeks.
(c) The subsequent Florida licensed dentist
				shall cause to be published a similar notice whenever the patient records of
				the deceased dentist are subsequently transferred to another licensed Florida
				dentist if such transfer is within 4 years of the dentist's death.
(d) During the four year retention period
				required by this rule each licensed Florida dentist who is in possession of the
				deceased dentist's patient records shall insure that the original patient
				records, or in cases where the patient has requested that the records be
				released or transferred, copies thereof remain in his possession.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.0011 - Change of Address

Current through Reg. 50, No. 138; July 16, 2024
Each licensee shall provide written notification to the
				  department of the licensee's current mailing address and place of practice. The
				  term "place of practice" means the primary physical location where the licensee
				  practices the profession of dentistry or dental hygiene.
Rulemaking Authority
					 456.035,
					 466.004(4) FS.
					 Law Implemented 456.035,
					 466.013
					 FS.
New 3-27-90, Formerly 21G-17.0011, 61F5-17.0011,
					 59Q-17.0011, Amended 2-15-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.002 - Written Dental Records; Minimum Content; Retention

Current through Reg. 50, No. 138; July 16, 2024
A dentist shall maintain patient dental records in a legible
				  manner and with sufficient detail to clearly demonstrate why the course of
				  treatment was undertaken.
(1) Dental
				Record: The dental record shall contain sufficient information to record each
				patient/dentist in person or teledentistry encounter, identify the patient,
				support the diagnosis, identify and justify the treatment and document the
				course and results of treatment accurately, by including, at a minimum, patient
				histories; X-rays (if taken); examination results; test results; records of
				drugs prescribed, dispensed, or administered; reports of consultation or
				referrals; identification of all treatments and procedures performed and when
				they were performed; and copies of records or reports or other documentation
				obtained from health care practitioners at the request of the dentist and
				relied upon by the dentist in determining the appropriate treatment of the
				patient.
(2) Record Alterations:
				Any additions, corrections, modifications, annotations, or alterations
				(hereinafter "change") to the original dental record entry must be clearly
				noted as such and must include the date when the change was made, must be
				initialed by the person making the change, and must have an explanation for the
				change. An original entry to the record cannot be partially or wholly removed.
				Rather, to represent the deletion of a record entry, the entry must be struck
				through where it will remain legible. A change made on the same date of the
				original entry must also include the time of change.
(3) Record Transfer or Release: Whenever
				patient records are released or transferred, the dentist releasing or
				transferring the records shall maintain either the original records or copies
				thereof and a notation shall be made in the retained records indicating to whom
				the records were released or transferred and the authority for such release.
				Transfer of records in a multidentist practice office shall be done and
				documented in strict accordance with Section
				466.018, F.S.
(4) Record Retention Period: A dentist shall
				maintain the written dental record of a patient for a period of at least four
				(4) years.
(a) The four (4) year retention
				period shall be calculated from the date the patient was last examined or
				treated by the dentist.
(b) Upon
				the death of the dentist, the retention provisions of Rule
				64B5-17.001, F.A.C., are
				controlling.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.003 - Patient Referrals

Current through Reg. 50, No. 138; July 16, 2024
(1) Split-fee
				arrangements relating to the referral of patients by a client to another health
				care practice are prohibited.
(2)
				As used herein, the term "health care practice" shall mean a lawful and
				distinct business entity owned and operated under one name by an individual or
				group of duly licensed health care providers with facilities at one or more
				locations such as a solo dental practice, group practice, or professional
				service corporation, which offers health care services to the public within the
				limits of the professional licenses held by the owners, employees and agents of
				the business.
(3) Referral of a
				patient to another dentist in the same health care practice, 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 to another dentist within the
				practice is in the best interest of the patient, is not a split-fee
				arrangement.
(4) Fee arrangements
				between dentists in the same health care practice which are based upon
				productivity or shared net profits are not split-fee arrangements.
(5) Notification forms signed by patients in
				accordance with subsection (5), above, shall be maintained in the patient's
				record.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 456.052
					 FS.
New 8-30-90, Formerly 21G-17.003, 61F5-17.003, 59Q-17.003,
					 Amended 8-19-97, 2-15-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.004 - Emergency Care

Current through Reg. 50, No. 138; July 16, 2024
It is the responsibility of every dentist practicing in this
				  State to provide, either personally, through another licensed dentist, or
				  through a reciprocal agreement with another agency, reasonable twenty-four (24)
				  hour emergency services for all patients under his continuing
				  care.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.028(1)(t),
					 (x)
					 FS.
New 4-26-87, Formerly 21G-17.004, 61F5-17.004,
					 59Q-17.004.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.0045 - Standards for the Prescribing of Controlled Substances for the Treatment of Acute Pain

Current through Reg. 50, No. 138; July 16, 2024
The standards of practice in this rule do not supersede the
				  level of care, skill and treatment recognized in general law related to
				  healthcare licensure. All dentists who are authorized to prescribe controlled
				  substances shall comply with the following:
(1) Definitions.
(a) Acute Pain. For the purpose of this rule,
				"acute pain" is defined as the normal, predicted, physiological, and
				time-limited response to an adverse chemical, thermal, or mechanical stimulus
				associated with surgery, trauma, or acute illness. The term does not include
				pain related to:
1. Cancer.
2. A terminal condition. For purposes of this
				subparagraph, the term "terminal condition" means a progressive disease or
				medical or surgical condition that causes significant functional impairment, is
				not considered to be reversible without the administration of life-sustaining
				procedures, and will result in death within 1 year after diagnosis if the
				condition runs its normal course.
3. Palliative care to provide relief of
				symptoms related to an incurable, progressive illness or injury.
4. A traumatic injury with an Injury Severity
				Score of 9 or greater.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.005 - Identification of Removable Prosthetic Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board takes official notice of the
				large number of elderly dental patients residing in Florida and that many of
				them are confined to hospitals, nursing homes, and other health care
				institutions. The Board also recognizes the continuing difficulty in providing
				ongoing dental care to these individuals which is created as a result of the
				inadvertent misplacing or switching of their removable dental prosthetic
				devices, which can enhance the transmission of communicable diseases.
				Accordingly, in an effort to enhance the likelihood that these individuals will
				receive minimally competent dental treatment consistent with the requirements
				of Section 466.028(1)(x),
				F.S., the Board establishes an identification standard for removable prosthetic
				devices.
(2) Every licensed dentist
				in this State making or directing to be made a removable prosthetic device,
				bridge, appliance or other structure to be used and worn as a substitute for
				natural teeth and/or supporting structure shall offer to the patient for whom
				the prosthesis is intended the opportunity to have such prosthesis marked at
				the time of fabrication. The location and method used for marking the
				prosthesis shall be determined by the dentist and this marking shall be
				permanent, legible, and cosmetically acceptable and shall include the patient's
				name.
(3) If the dentist determines
				that identification is not practicable or clinically safe, the offer to mark
				the prosthesis need not be made.
(4) Any removable dental prosthesis
				fabricated prior to the effective date of this rule, shall be subject to the
				provisions of subsection (2), during a laboratory relining or rebasing of the
				prosthesis.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.028(1)(x)
					 FS.
New 4-26-87, Amended 6-20-89, Formerly 21G-17.005,
					 61F5-17.005, 59Q-17.005.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.006 - Prescription Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) Approved
				prescription forms must contain all information necessary for completion of the
				assigned work and must include at a minimum:
(a) Title - "Laboratory Procedure
				Prescription";
(b) Name, address
				and license number of the registered dental laboratory;
(c) Name, address and license number of the
				Florida licensed dentist who owns the prescription form and is authorizing the
				procedure;
(d) Patient's name or
				number;
(e) Date sent to
				lab;
(f) Signature of the licensed
				dentist, which may be an electronic signature;
(g) Sufficient descriptive information to
				clearly identify each separate and individual piece of work to be performed by
				the dental laboratory; and,
(h)
				Specification of materials to be contained in each work
				product.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.009 - Patient Records; Copying Charges; Timely Release

Current through Reg. 50, No. 138; July 16, 2024
(1) A dentist who makes an examination of, or
				administers treatment to any person, shall upon the request of such person or
				his legal representative furnish copies of all reports or records made of such
				examination or treatment, including x-rays. The furnishing of copies shall not
				be conditioned upon payment of an unpaid or disputed fee for services
				rendered.
(2) A dentist may charge
				a fee for copying reports or records not to exceed the cost per page charged by
				the Clerk of the County Court where the dentist practices. The fee for copies
				of x-rays shall not exceed actual cost of duplication. Payment of copying fees
				may be required upon delivery of the copies.
(3) A dentist shall comply with a patient's
				written request for copies of records and reports in a timely manner, with due
				regard for the patient's health needs. In the absence of circumstances beyond
				the control of the licensee, timely shall mean less than 30
				days.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 456.057
					 FS.
New 4-26-87, Amended 6-20-89, Formerly 21G-17.009,
					 61F5-17.009, 59Q-17.009, Amended
					 1-23-01.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.010 - Unlicensed Practice of Dentistry

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of interpreting Sections
				  466.003(3),
				  466.026(1)(a)
				  and 466.028(1)(g),
				  F.S., the Board shall not consider it to be the unlicensed practice of
				  dentistry for an unlicensed person to furnish, supply, construct or reproduce
				  an appliance to be worn in the human mouth or to verify the patient's
				  shade-selection outside the dentist's direct supervision for fixed partial
				  prosthesis if:
(1) The appliance is a
				removable mouth protection device that is inserted and removed by the user
				without adjustment by a licensed dentist (e.g. athletic mouth
				guards);
(2) A prescription or
				dentist's order is not required in order to obtain the appliance;
(3) The appliance does not adjust or
				otherwise affect the natural features of the face or mouth or affect any
				appliance placed in the mouth by a licensed dentist;
(4) The appliance or device does not have the
				potential to cause significant or irreparable damage to the dentition and/or
				oral tissue;
(5) The request for
				the shade verification is accompanied by a prescription form or work order
				written by a licensed dentist to meet the requirements of Section
				466.021, F.S.;
(6) The dentist has previously completed the
				initial shade selection;
(7) The
				shade verification site is approved by the dentist and meets all requirements
				of Sections 466.028(1)(u),
				466.031(1) and
				466.032(1),
				F.S.;
(8) During shade
				verification, no appliances or prosthetic devices are to be placed, removed or
				sealed in the oral cavity at the site except by a licensed dentist on a patient
				of record in accordance with the requirements of Sections
				466.024(5) and
				466.028(1)(m),
				F.S.;
(9) During shade
				verification, contact to the patient is limited to visual contact
				only;
(10) During shade
				verification, soft or hard tissue shall not be manipulated;
(11) During shade verification, the patient
				shall be instructed on how to retract his or her own lip, and the shade tab
				shall only be held in proximity, but without physical contact to the patient's
				dentition; and,
(12) During shade
				verification, photography shall be limited to the patient's visible dentition
				during smile and the patient's dentition with the patient retracting their
				lips.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.026(1)(a),
					 466.028(1)(g)
					 FS.
New 9-5-91, Formerly 21G-17.010, 61F5-17.010, Amended
					 5-9-95, Formerly 59Q-17.010, Amended
					 10-8-03.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.0105 - Ownership of Dental Instruments by a Dental Hygienist

Current through Reg. 50, No. 138; July 16, 2024
For purposes of interpreting sections
				  466.0285,
				  466.024,
				  466.023 and
				  466.0235, F.S., a Dental
				  Hygienist is not precluded from owning dental instruments used by her or him in
				  the provision of dental hygiene services, working under the authorization of
				  dentist or providing dental hygiene services to carry out provisions outlined
				  in the statute when a supervising dentist is not required.
Rulemaking Authority
					 466.004 FS. Law Implemented
					 466.0285
					 FS.
New 12-23-02, Amended
					 6-3-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.012 - Use of Sargenti Material

Current through Reg. 50, No. 138; July 16, 2024
The Board of Dentistry has determined pursuant to sections
				  466.001 and
				  466.028(1)(x) and
				  (ff), F.S., that the use of "Sargenti Cement"
				  (e.g., N2, RC2B, or RC2W or essentially similar compounds) as an endodontic
				  filling material or cement does not meet the minimum standards of performance
				  for competent dental practice in Florida. The Board specifically finds that
				  "Sargenti Cement" containing paraformaldehyde, when used as an endodontic
				  filling material or cement, can cause severe and irreversible damage to
				  patients. "Sargenti Cement" that is improperly used or which escapes beyond the
				  root canal is much more likely to cause significant damage than incorrectly
				  performed endodontic procedures using alternative filling materials or cements.
				  Most licensed dentists in Florida do not use "Sargenti Cement" in endodontic
				  therapy. Therefore, the use of "Sargenti Cement" as an endodontic filling
				  material does not meet the existing minimum standard of performance for
				  competent dental practice in Florida.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.028(1)(x),
					 (ff)
					 FS.
New 5-29-96, Formerly
					 59Q-17.012.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.013 - Proprietorship by Nondentists

Current through Reg. 50, No. 138; July 16, 2024
(1) No
				corporation, lay body, organization, or individual other than a licensed
				dentist or a professional corporation or limited liability company composed of
				dentists shall engage in the practice of dentistry through the means of
				engaging the services, upon a salary, commission, or other means of inducement,
				of any person licensed to practice dentistry in this state. The provisions of
				this rule are not applicable to dentists working under any of the settings
				described in section 466.025, F.S.
(2) No dentist shall enter into any agreement
				with a nondentist which directs, controls, or interferes with the dentist's
				clinical judgment, or which controls the use of any dental equipment or
				material while such is being used for the provision of dental services. Nor
				shall any dentist enter into an agreement which permits any entity which itself
				is not a licensed dentist to practice dentistry, or to offer dentistry services
				to the public through the licensed dentist. The clinical judgment of the
				licensed dentist must be exercised solely for the benefit of his/her patients,
				and shall be free from any compromising control, influences, obligations, or
				loyalties. To direct, control, or interfere with a dentist's clinical judgment
				shall not be construed to include those matters specifically excluded by
				section 466.0285(1)(c),
				F.S.
(3) For the purposes of this
				rule:
(a) The term "clinical" means having a
				significant relationship, whether real or potential, direct or indirect, to the
				actual rendering or outcome of dental care, the practice of dentistry or the
				quality of dental care being rendered to one or more patients.
(b) The term "control" shall mean to exercise
				authority or dominating influence over; having the authority or ability to
				regulate, direct, or dominate.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.014 - Removal of Amalgam Fillings

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Board of Dentistry has determined that claims regarding amalgam fillings as a
				causal factor in systemic illnesses are not supported by the Food and Drug
				Administration, the U.S. Public Health Service, or the National Institutes of
				Health. The Board therefore deems that the removal of amalgam fillings for the
				purported purpose of curing or preventing systemic illness constitutes
				alternative or complementary health care. In compliance with Section
				456.41, F.S., any dentist
				performing such alternative or complementary health care treatment shall inform
				the patient of the following:
(a) The nature
				of the treatment and the benefits and risks associated with the treatment;
				and,
(b) The dentist's education,
				experience and credentials regarding the complementary or alternative treatment
				option.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.015 - Office Safety Requirement

Current through Reg. 50, No. 138; July 16, 2024
As part of the minimum standard of care, every dental office
				  location shall be required to have an automatic external defibrillator by
				  February 28, 2006. Any dentist practicing after February 28, 2006, without an
				  automatic external defibrillator on site shall be considered to be practicing
				  below the minimum standard of care.
Rulemaking Authority
					 466.004(4),
					 466.017(3)(c)
					 FS. Law Implemented 466.017(4),
					 466.028(1)(x)
					 FS.
New 5-31-04.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The failure to follow proper sterilization and disinfection
				  procedures in the practice of dentistry presents a significant danger to the
				  public due to the potential for transmission of infectious diseases to patients
				  during treatment. Failure to follow proper sterilization and disinfection
				  procedures as set forth in Rule
				  64B5-25.003, F.A.C., constitutes
				  failure to provide reasonable sanitary facilities and conditions in violation
				  of Section 466.028(1)(u),
				  F.S., and constitutes negligence in the practice of dentistry in violation of
				  Section 466.028(1)(x),
				  F.S., as practice which is below the minimum standards of the practice of
				  dentistry.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.028(1)(u),
					 (x)
					 FS.
New 2-24-87, Formerly 21G-25.001, 61F5-25.001,
					 59Q-25.001.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Sterilization" is defined to mean the
				process by which all forms of minrobial life within an environment are totally
				destroyed.
(2) "Disinfection" is
				defined to mean the destruction or inhibition of most pathogenic bacteria while
				they are in their active growth phase and the inactivation of some viruses.
				Disinfection allows the potential for viable pathogens to remain (e.g.,
				Tubercle bacilli and some viruses, including A, B and C hepatitis virus, and
				nonA-nonB (NANB) viruses which may survive depending upon the chemicals
				used).
(3) For purposes of this
				rule, the term "infected with the Hepatitis B virus" means that the licensee is
				sero-positive for the Hepatitis B surface antigen and the Hepatitis B
				e-antigen.
(4) "CDC Guidelines" are
				the Center for Disease Control's Guideline for Disinfection and Sterilization
				in Healthcare Facilities, 2008, adopted and incorporated by reference and
				available at
https://www.cdc.gov/infectioncontrol/pdf/guidelines/disinfection-guidelines-H.pdf
and from
http://www.flrules.org/Gateway/reference.asp?No=Ref-11397
.
(5) "OSHA's Bloodborne Pathogen Standards"
				are the Occupational Safety and Health Standards, 29 CFR §1910.1030
				(2012), adopted and incorporated by reference and available at
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10051&p_table=STANDARDS
and from
http://www.flrules.org/Gateway/reference.asp?No=Ref-11400
.
Rulemaking Authority
					 466.004(4) FS.
					 Law Implemented 466.028(1)(u),
					 (x),
					 466.041
					 FS.
New 2-24-87, Amended 1-7-92, 2-1-93, Formerly 21G-25.002,
					 61F5-25.002, 59Q-25.002, Amended 5-20-01,
					 12-11-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.003 - Required Sterilization and Disinfection Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) At least one of the following procedures
				must be used in order to provide proper sterilization:
(a) Steam under pressure (e.g.,
				autoclave);
(b) Dry-heat;
(c) Chemical vapor;
(d) Ethylene oxide;
(e) Devices used to achieve sterilization
				must be approved by the U.S. Food and Drug Administration (FDA) for
				sterilization.
(f)
				Disinfectant/sterilant. U.S. Environmental Protection Agency (EPA) approved
				disinfectant/sterilants or U.S. Food and Drug Administration (FDA) approved
				sterilant may be used but are only appropriate for sterilization when used in
				appropriate dilution and for the time periods set forth in the manufacturer's
				instructions for use and only on non-heat tolerant instruments which do not
				penetrate soft tissue.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.005 - Monitoring of Licensees Infected With the Hepatitis B Virus (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.032,
					 466.004(4), FS.
					 Law Implemented 456.032,
					 466.028(1)(t), (v),
					 (y),
					 466.041(3)
					 FS.
New 7-12-88, Amended 10-28-91, Formerly 21G-25.005,
					 61F5-25.005, Amended 10-16-96, Formerly 59Q-25.005, Repealed
					 12-11-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.006 - Emergency Suspension of Licensees Infected With the Hepatitis B Virus; Initiation of Complaints (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.601,
					 466.004(4) FS.
					 Law Implemented 455.601,
					 466.028(1)(t), (v),
					 (y)
					 FS.
New 7-12-88, Amended 10-28-91, Formerly 21G-25.006,
					 61F5-25.006, 59Q-25.006, Repealed
					 12-11-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.007 - Disposition of Biohazardous Waste

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Licensees who generate biohazardous waste as defined by Department of Health
				Rules contained in Chapter 64E-16, F.A.C., Biomedical Waste, variously
				effective 06/01/2009, which are incorporated herein by reference hereto and
				which may be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-13447
or
https://www.flrules.org/Gateway/ChapterHome.asp?Chapter=64E-16
,
				shall comply with the requirements of that chapter in order to maintain minimum
				sanitary conditions as required by Section
				466.028(1)(u),
				F.S., and to meet minimum acceptable standards of dental treatment.
(2) Extracted teeth used for scientific,
				educational or testing purposes or returned to the patient or patient's legal
				guardian, should first be cleaned of adherent patient material. Teeth should
				then be decontaminated in accordance with the guidelines set forth in Rule
				64B5-25.003, F.A.C., and kept in
				a sealed labeled sterilized pouch.
(3) To render an extracted tooth
				non-biohazardous it must be decontaminated in accordance with the guidelines
				set forth in Rule 64B5-25.003, F.A.C.
(4) Extracted teeth and tissue fragments not
				required for microscopic examination shall be discarded as biohazardous waste
				or as a sharp in accordance with Chapter 64E-16, F.A.C.
Rulemaking Authority
					 456.032,
					 466.004 FS. Law Implemented
					 456.032,
					 466.028(1)(u), (ff),
					 (8),
					 466.041(2)
					 FS.
New 11-16-89, Amended 1-7-92, Formerly 21G-25.007, Amended
					 3-30-94, Formerly 61F5-25.007, 59Q-25.007, Amended
					 9-7-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-25 - STERILIZATION AND DISINFECTION PROCEDURES › Section 64B5-25.008 - Shipment to Dental Laboratories

Current through Reg. 50, No. 138; July 16, 2024
Impressions, appliances and contaminated dental models sent
				  to dental laboratories must be sealed in an impervious container and labeled
				  "treat as infectious material" prior to shipment from a dental
				  office.
Rulemaking Authority
					 456.032,
					 466.004 FS. Law Implemented
					 456.032,
					 466.028(1)(v),
					 (y),
					 466.041
					 FS.
New 1-7-92, Formerly 21G-25.008, 61F5-25.008,
					 59Q-25.008.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B6 - Board of Hearing Aid Specialists › Chapter 64B6-1 - PURPOSE, ORGANIZATION, MEETINGS, PROCEDURES › Section 64B6-1.002 - Meetings, Notice of Meetings and Agenda

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of Board member
				compensation under subsection (4), of the Section
				456.011, F.S., "other business
				involving the Board" is defined to include:
(a) Board meetings;
(b) Meetings of committees of the
				Board;
(c) Meetings of a Board
				member with Department staff, contractors of the Department, or other meetings
				at the Department or Board's request. Any participation or meeting of members
				noticed or unnoticed will be on file in the Board office;
(d) Probable cause panel
				meetings.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B6 - Board of Hearing Aid Specialists › Chapter 64B6-1 - PURPOSE, ORGANIZATION, MEETINGS, PROCEDURES › Section 64B6-1.003 - Final Orders

Current through Reg. 50, No. 138; July 16, 2024
All Final Orders of the Board may be signed by the Executive
				  Director of the Board. Final orders shall be effective upon filing with the
				  Clerk of the Department of Health.
Rulemaking Authority
					 120.53(1),
					 484.044 FS. Law Implemented
					 120.53(1)
					 FS.
New 3-18-93, Formerly 21JJ-1.022,
					 61G9-1.022.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B6 - Board of Hearing Aid Specialists › Chapter 64B6-1 - PURPOSE, ORGANIZATION, MEETINGS, PROCEDURES › Section 64B6-1.004 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Board of Hearing Aid Specialists invites and encourages
				  all members of the public to provide comment on matters or propositions before
				  the Board or a committee of the Board. The opportunity to provide comment shall
				  be subject to the following:
(1)
				Members of the public will be given an opportunity to provide comment on
				subject matters before the Board after an agenda item is introduced at a
				properly noticed board meeting.
(2)
				Members of the public shall be limited to three minutes to provide comment.
				This time shall not include time spent by the presenter responding to questions
				posed by Board members, staff or board counsel. The chair of the Board may
				extend the time to provide comment if time permits.
(3) Members of the public shall notify board
				staff in writing of their interest to be heard on a propositon or matter before
				the Board. The notification shall identify the person or entity, indicate
				support, opposition, or neutrality, and identify who will speak on behalf of a
				group or faction of persons consisting of five or more persons. Any person or
				entity appearing before the Board may use a pseudonym if he or she does not
				wish to be identified.
Rulemaking Authority
					 286.0114(4),
					 (5),
					 484.044 FS. Law Implemented
					 286.0114
					 FS.
New 11-5-14.