Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B5 - Board of Dentistry › Chapter 64B5-17 - DENTAL PRACTICE AND PRINCIPLES › Section 64B5-17.011 - Financial Responsibility

Current through Reg. 50, No. 138; July 16, 2024
As a prerequisite for licensure or license renewal every
				  dentist is required to maintain medical malpractice insurance or provide proof
				  of financial responsibility as set forth herein:
(1) Obtaining and maintaining professional
				liability coverage in an amount not less than $100, 000 per claim, with a
				minimum annual aggregate of not less than $300, 000, from an authorized insurer
				as defined under Section
				624.09, F.S., from a surplus
				lines insurer as defined under Section
				626.914(2),
				F.S., from a risk retention group as defined under Section
				627.942, F.S., from the Joint
				Underwriting Association established under Section
				627.351(4),
				F.S., or through a plan of self-insurance as provided in Section
				627.357, F.S.
(2) Obtaining and maintaining an unexpired,
				irrevocable letter of credit, established pursuant to Chapter 675, F.S., in an
				amount not less than $100, 000 per claim, with a minimum aggregate availability
				of credit of not less than $300, 000. The letter of credit shall be payable to
				the dentist as beneficiary upon presentment of a final judgment indicating
				liability and awarding damages to be paid by the dentist or upon presentment of
				a settlement agreement signed by all parties to such agreement when such final
				judgment or settlement is a result of a claim arising out of the rendering of,
				or the failure to render, dental care and services. Such letter of credit shall
				be nonassignable and nontransferable. Such letter of credit shall be issued by
				any bank or savings association organized and existing under the laws of the
				State of Florida or any bank or savings association organized under the laws of
				the United States that has its principal place of business in this state or has
				a branch office which is authorized under the laws of this state or of the
				United States to receive deposits in this state.
(3) Upon application to the Board, the
				following licensees shall be exempted from meeting the requirements of this
				rule:
(a) Any dentist who practices
				exclusively as an officer, employee or agent of the federal government or of
				the State of Florida or its agencies or subdivision. For purposes of this rule,
				an agent of the State of Florida, its agencies or its subdivisions is a person
				who is eligible for coverage under any self insurance or insurance program
				authorized by the provisions of Section
				768.28(14),
				F.S., or who is a volunteer under Section
				110.501(1),
				F.S.
(b) Any dentist whose license
				has become inactive under Chapter 466, F.S., and who is not practicing in this
				state. Any dentist applying for reactivation of a license must show either that
				such licensee maintained tail insurance which provided liability coverage for
				incidents that occurred on or after October 1, 1993, or the initial date of
				licensure in this state, whichever is later, and incidents that occurred before
				the date on which the license became inactive; or such licensee must submit an
				affidavit stating that such licensee has no unsatisfied medical malpractice
				judgments or settlements at the time of application for reactivation.
(c) Any dentist licensed or certified under
				Chapter 466, F.S., who practices only in conjunction with his/her teaching
				duties at an accredited school or in its main teaching hospitals. Such dentist
				may engage in the practice of dentistry to the extent that such practice is
				incidental to and a necessary part of duties in connection with the teaching
				position in the school.
(d) Any
				dentist holding an active license under Chapter 466, F.S., who is not
				practicing in this state. If such person initiates or resumes practice in this
				state, he/she must notify the Board of such activity.
(e) Any dentist who can demonstrate to the
				Board that he/she has no malpractice exposure in the State of
				Florida.