Meeting Minutes - Dentistry, Florida board of

Amended 2/20/2009

General Business Meeting September 11-12, 2008 Page 1 of 25

BOARD OF DENTISTRY 1 GENERAL BUSINESS MEETING 2

THURSDAY, SEPTEMBER 11, 2008 BEGINNING AT 3:00 P.M. 3 FRIDAY, SEPTEMBER 12, 2008 BEGINNING AT 8:00 A.M. 4

CROWNE PLAZA ORLANDO UNIVERSAL 5 7800 UNIVERSAL BOULEVARD 6

ORLANDO, FL 7 (407) 355-0550 8

9 CALL TO ORDER 10 The meeting was called to order at 3:00 p.m. on September 11 and 8:00 a.m. on September 12 by 11 Dr. Klement. Those present for all or part of the meeting included the following: 12

13 Members present: 14 Betty Klement, D.M.D., Chair 15 Carl Melzer, D.D.S. 16 Joe Thomas, D.D.S., Vice-Chair 17 Dan Gesek, D.M.D. 18 Thad Morgan, D.D.S. 19 Wade Winker, D.D.S 20 Robert Perdomo, D.D.S. 21 Lourdes Fisher, R.D.H. 22 Brenda Kitchens, R.D.H. 23 Elmira Gainey 24 Tom Embree (absent 9/11/08) 25 26 Staff present: 27 Ed Tellechea,Esq. Board Counsel 28 Sue Foster, Executive Director 29 Cindy Ritter, Program Administrator 30 Wayne Mitchell, Esq. Prosecutor 31 David Flynn, Esq. Prosecutor 32 Sandy Halperin, D.D.S., Consultant 33 Court Reporter – American Court Reporting, (407) 896-1813 34 35 REVIEW OF MINUTES 36 June 19-20, 2008 General Business Meeting 37 The minutes of the June meeting were reviewed and following review, the following action was taken 38 by the board: 39 40 Motion: by Dr. Thomas to approve the minutes as presented 41 Second: by Mr. Embree 42 Vote: unanimous 43

44 DISCIPLINARY PROCEEDINGS 45 Update Regarding Competency Based Curriculum for Re mediation 46 Copies of the Competency Based Curriculum prepared by Nova Southeastern were disseminated to 47 members of the board. 48 49 50

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DOH vs. Durgeshkumar D. Thaker, D.D.S., Case 2006-3 5028 (request for clarification on the 1 length of time to complete two year program) 2 Ms. Shanley was present representing Dr. Thaker. The board rejected the settlement agreement at 3 the last meeting and offered a counter requiring a 2 year comprehensive dental program. No time 4 frame was provided in the counter-offer for the college level ethics course or the 2 year 5 comprehensive course. 6 7 Following discussion, the following action was taken by the board: 8 9 Motion: by Dr. Gesek to reconsider the counteroffer 10 Second: by Dr. Thomas 11 Vote: motion passes with Dr. Klement opposed 12 13 Motion: by Dr. Gesek to amend the final order to require the two year comprehensive program at 14 University of Florida to be completed within 30 months. 15 Second: by Ms. Gainey 16 Vote: unanimous 17 18 Motion: by Dr. Gesek to allow 30 months to complete the college level ethics course 19 Second: by Ms. Kitchens 20 Vote: unanimous 21

22 Jeffrey Siegel, D.D.S., Case Nos. 2005-57054, 2005- 58358, 2005-62383, 2002-26377, Motion to 23 Vacate Prior Final Order and Settlement Agreement 24 (PCP Melzer, Klement, Thomas, Winker) 25 Dr. Siegel was present and was represented by Erin O’Toole, Esq. An amended three count 26 administrative complaint filed on February 18, 2008 alleges many instances of defective treatment 27 and altered records over a 10 year period from 1993 – 2003. These cases all involved alleged 28 violations of s. 466.028(1)(x), F.S. for failure to meet minimum standards ;466.028(1)(t), F.S. for 29 fraudulent records and 466.028(1)(m), F.S. for failure to keep written records justifying the course of 30 treatment. 31

32 Probable cause panels recommendations for these cases included the following: reprimand, fines 33 were $6000, $26,000, $10,000, $10,000; all recommended crown and bridge CE, suspension varied 34 from 6 months to 2 years, costs payable within 6 months, 2 year comprehensive dental course, 35 refund to patient, pass laws and rules exam within 12 months, CE audit for next biennium. 36 The Department has proposed a final order by adopting a consolidated settlement agreement. 37

38 A settlement agreement incorporating all of the cases was presented to the board with the following 39 terms: reprimand, fine of $21,000 payable within 18 months, costs of $ 10,627.18 payable within 18 40 months, suspension for 6 months stayed and followed by 12 months probation during which all 41 terms of settlement must be met. Terms include one year comprehensive program which shall 42 include minimum of 12 hours in diagnosis and treatment planning until verified level of competency 43 is obtained from an accredited college of dentistry taken within one year of order; 6 hours in 44 crown/bridge with verified competency level, 3 hours college ethics, refunds to patients, vacate order 45 that is on appeal with 4th District Court of Appeal and incorporate resolution into terms of this 46 settlement, a CE audit for next biennium, pass the laws and rules exam within one year. 47 48 Following review, the following action was taken by the board: 49 50

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Motion: by Dr. Gesek to reject the settlement and offer the following: reprimand, fine of $25,000 1 payable within two years, costs of $ 10,627.18 payable within 18 months, one year suspension 2 followed by 2 years probation during which all terms of settlement must be met, two year 3 comprehensive dentistry course, 3 hours college ethics, refunds to patients, vacate order that is on 4 appeal in 4th District Court of Appeal and incorporate resolution into terms of this settlement, a CE 5 audit for next biennium, pass the laws and rules exam within one year. 6 Second: by Ms. Gainey 7 Vote: motion passes with Drs. Perdomo, Ms. Fisher and Dr. Morgan opposed 8 9 Ms. Kitchens requested reconsideration of the above action. 10 11 Motion: by Ms. Kitchens to reconsider counter offer 12 Second: by Dr. Morgan 13 Vote: unanimous 14 15 Motion: by Ms. Kitchens to amend counter settlement agreement offer to the following: $25,000 16 payable within 18 months, costs of $10,627.18 payable within 18 months, two year comprehensive 17 dentistry course at either UF or Nova to be completed within 30 months, one year suspension active 18 until he enrolls in the comprehensive dentistry course and remainder stayed, probation for a period 19 of one year, 3 hours college ethics to be completed within 30 months, refunds to patients, vacate 20 order that is on appeal in 4th District Court of Appeal and incorporate resolution into terms of this 21 settlement, a CE audit for next two biennia, pass the laws and rules exam within one year, all 22 requirements to be completed within 30 months 23 Second: by Dr. Perdomo 24 Vote: unanimous 25 26 Hugh G. Allen, D.D.S., Case No. 2006-29223, Settlem ent Agreement 27 (PCP Melzer, Thomas) 28 Dr. Allen was present and was not represented by counsel. A three count administrative complaint 29 filed October 1, 2007 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 30 standards involving root canal treatment and seating of a crown with poor marginal integrity and 31 466.028(1)(m), F.S. of failure to keep medical records justifying the course of treatment of failure to 32 correctly note seating a crown and root canal treatment which were not completed, and 33 466.028(1)(n), F.S. of failure to make records available to patient 34

35 Probable cause panel recommendation: reprimand, $15,000 fine payable within 6 months, costs 36 payable within 6 months, 3 hours in record keeping, 3 hours in diagnosis and refund to patient, pass 37 laws and rules exam within 12 months, CE audit for next biennium. 38

39 A settlement agreement was presented to the board with the following terms: letter of concern, fine 40 of $9500 payable within 1 year, costs of $2,971.71 payable within 1 year, within 6 months – 3-6 41 hours in endodontics until competency, 3-6 hours in prosthodontics until verified competency, 3-6 42 hours in diagnosis and treatment planning until verified competency, 3 hours in record keeping, 43 refund and a CE audit for next biennium. 44

45 Following review, the following action was taken by the board: 46 47 Motion: by Ms. Fisher to accept the settlement agreement 48 Second: by Ms. Kitchens 49 Vote: unanimous 50

51

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Adam Diasti, D.D.S., Case No. 2007-38626, Settlemen t Agreement 1 (PCP Melzer, Thomas) 2 Dr. Diasti was present and was represented by Kathryn Kasprzak, Esq. An administrative complaint 3 filed on May 5, 2008 alleged violations of s. 466.028(1)(b), F.S. of having a license to practice acted 4 upon by another state (Georgia) involving failure to locate patient records. 5

6 Probable cause panel recommendation: impose Georgia discipline and monitor to ensure 7 compliance with Georgia order. 8

9 A settlement agreement was presented to the board with the following terms: reprimand, costs of 10 $1254.01 payable within 6 months, proof of compliance with Georgia order within twelve months, CE 11 audit for next biennium, laws and rules exam within 12 months. 12

13 Following review, the following action was taken by the board: 14 15 Motion: by Ms. Gainey to reject the settlement agreement and revise settlement to impose letter of 16 concern rather than reprimand with all other terms remaining 17 Second: by Ms. Kitchens 18 Vote: motion passes with Drs. Gesek, Winker and Morgan opposed 19 20 Dr. Diasti accepted the counter offer 21

22 Frederick A. Fox, D.D.S., Case No. 2007-28531, Sett lement Agreement 23 Request for continuance granted. 24

25 Lawrence A. Hall, D.D.S., Case No. 2005-51846, Sett lement Agreement 26 Motion for Continuance granted. 27

28 Richard Glenn Kantwill, D.D.S., Case No. 2008-05795 , Settlement Agreement 29 (PCP Waived) 30 Dr. Kantwell was present and was represented by Timothy Sweeney, Esq. An administrative 31 complaint filed on August 8, 2008 alleged violations of s. 466.028(1)(ll), F.S. and 456.072(1)(hh) of 32 being terminated for unsuccessfully completing a drug or alcohol treatment program or failure to 33 comply with PRN contract. 34

35 A settlement agreement was presented to the board with the following terms: reprimand, fine of 36 $3000 payable within 6 months, costs of $1366.88 payable within, contract with PRN, voluntary 37 withdrawal from practice until appearance before the board with PRN recommendation that he is 38 safe to practice, a CE audit for next biennium, pass the laws and rules exam. 39

40 Following review, the following action was taken by the board: 41 42 Motion: by Dr. Thomas to accept the settlement agreement 43 Second: by Dr. Melzer 44 Vote: unanimous 45

46 Joseph M. Kilman, D.M.D., Case No. 2007-11923, Sett lement Agreement 47 (PCP Melzer, Thomas) 48 Dr. Kilman was present and was represented by Randolph Collette, Esq. An administrative 49 complaint filed on May 7, 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 50

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standards involving over preparation for crowns, seating crowns without post and cores where 1 inadequate tooth structure remained, failure to take post-treatment x-rays. 2

3 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, costs 4 payable within 6 months, 3 hours in ethics, 1 year comprehensive dental course, refund to patient, 5 pass laws and rules exam within 12 months, CE audit for next biennium. 6

7 A settlement agreement was presented to the board with the following terms: letter of concern, fine 8 of $7000 payable within 6 months, costs of $3022.07 payable within 6 months, range of 3 to 6 hours 9 in diagnosis and treatment planning, 3 to 6 hours in crown and bridge and 3 hours in record keeping 10 and verified competency obtained from an accredited college of dentistry taken within 6 months of 11 order; refund to patient, pass the laws and rules exam and a CE audit for next biennium. 12

13 Following review, the following action was taken by the board: 14 15 Motion: by Ms. Gainey to reject the settlement agreement 16 After discussion motion withdrawn 17 18 Motion: by Dr. Morgan to accept the settlement 19 Second: by Dr. Perdomo 20 Vote: unanimous 21 22 Bruce G. Knecht, D.D.S., Case No. 2007-12566, Settl ement Agreement 23 (PCP Melzer, Thomas)(Additional info in Addendum pg . 65) 24 Dr. Knecht was present and was represented by Stephen Knoerr, Esq. A two count administrative 25 complaint filed on May 6, 2008 alleged violations of s. 466.028(1) (x), F.S. of failure to meet 26 minimum standards involving failure to check surgical instrument during or after surgery for 27 breakage, failure to complete a post surgical exam with x-rays following extraction; left a piece of 28 broken surgical equipment called an elevator in extraction site and sutured over it and 29 466.028(1)(m), F.S of failing to keep written dental records justifying the course of treatment. 30

31 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, costs 32 payable within 6 months, 3 CE hours in record keeping, 3 CE hours in risk management. 3-6 hours 33 in surgical course with verified competency within 6 months, refund to patient, pass laws and rules 34 exam within 12 months, CE audit for next biennium. 35

36 A settlement agreement was presented to the board with the following terms: letter of concern, fine 37 of $7500 payable within 6 months, costs of $3238.36 payable within 6 months, 3-6 hours surgical 38 course and verified competency achieved from an accredited college of dentistry taken within 6 39 months, 3 hours of risk management; refund and a CE audit for next biennium, pass the laws and 40 rules exam within one year. 41

42 Following review, the following action was taken by the board: 43 44 Motion: by Dr. Gesek to accept the settlement agreement 45 Second: by Dr. Winker 46 Vote: unanimous 47

48 Jeffrey H. Krichmar, D.M.D., Case No. 2007-10761, S ettlement Agreement 49 (PCP Melzer, Thomas) 50

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Dr. Krichmar was present and was represented by Stephen Knoerr, Esq. A two count administrative 1 complaint filed on May 7, 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 2 standards involving failure to detect and adequately treat recurrent decay, failing restorations in 3 multiple teeth and failure to produce an overall course of treatment and s. 466.028(1)(m) of failure to 4 keep written dental records justifying the course of treatment. 5

6 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, costs 7 payable within 6 months, 3-6 hours in record keeping, 3-6 hours in risk management, 3-6 hours in 8 diagnosis and treatment planning with verified competency within 6 months refund to patient, pass 9 laws and rules exam within 12 months, CE audit for next biennium. 10

11 A settlement agreement was presented to the board with the following terms: letter of concern, fine 12 of $7000 payable within 6 months, costs of $3518.44 payable within 6 months, 3-6 hours in 13 comprehensive program in diagnosis and treatment planning, 3-6 hours in record keeping, 3 hours 14 risk management until verified level of competency is obtained from an accredited college of 15 dentistry taken within one year of order; refund to patient, pass laws and rules exam within one year 16 and a CE audit for next biennium. 17

18 Following review, the following action was taken by the board: 19 20 Motion: by Ms. Gainey to reject the settlement agreement and offer a counter settlement to 21 increase the hours from 3-6 hours to 9-12 hours in diagnosis and treatment 22 Second: by Dr. Gesek 23 Vote: unanimous 24

25 Alan E. Slootsky, D.M.D., Case No. 2006-20242, Sett lement Agreement 26 (PCP Melzer, Thomas) 27 Dr. Slootsky was present and was represented by Dennis Vandenberg, Esq. A two count 28 administrative complaint filed on July 30, 2007 alleged violations of s. 466.028(1)(x), F.S. of failure to 29 meet minimum standards involving failure to diagnose a sufficient reason to extract tooth 32 and 30 failure to notify patient of possible nerve damage and 466.028(1)(m), F.S. failure to keep written 31 dental records justifying the course of treatment. 32

33 Probable cause panel recommendation: reprimand, $5000 fine payable within 6 months, costs 34 payable within 6 months, 3 hours in record keeping, 12 hours in diagnosis and treatment planning, 35 12 hours in oral surgery, 12 hours in post surgery management within 6 months, refund to patient, 36 pass laws and rules exam within 12 months, CE audit for next biennium. 37

38 A settlement agreement was presented to the board with the following terms: fine of $3000 payable 39 within 6 months, costs of $2762.89 payable within 6 months, within 9 months 6-9 hours in diagnosis 40 and treatment planning, 6-9 hours in oral surgery exodontia, 6-9 hours in post surgical management 41 comprehensive program until verified level of competency is obtained from an accredited college of 42 dentistry taken within one year of order; refund and a CE audit for next biennium, pass the laws and 43 rules exam within one year. 44 45 Following review, the following action was taken by the board: 46 47 Motion: by Dr. Gesek to reject the settlement and offer a counter-settlement to add letter of 48 concern and raise fine to $5,000 49 Second: by Dr. Klement 50 Vote: unanimous 51

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1 Dr. Slootsky accepted the counter offer. 2

3 Joseph E. Smith, D.D.S., Case No. 2007-24043, Settl ement Agreement 4 (PCP Melzer, Thomas) 5 Dr. Smith was present and was not represented by counsel. An administrative complaint filed on 6 May 5, 2008 alleged violations of s. 466.028(1)(m), F.S. of failure to keep written dental records 7 justifying the course of treatment involving failure to document diagnosis for tooth 5 to support 8 extraction, failed to document type of local anesthetic, patient history, post operative care. 9

10 Probable cause panel recommendation: reprimand, $5000 fine payable within 6 months, costs 11 payable within 6 months, 3 hours in record keeping, 6-9 in diagnosis and treatment planning within 12 6 months, refund to patient, pass laws and rules exam within 12 months, CE audit for next 13 biennium. 14

15 A settlement agreement was presented to the board with the following terms: reprimand, fine of 16 $5000 payable within 6 months, costs of $1671.47 payable within 6 months, comprehensive 17 program in diagnosis and treatment planning of 6 to 9 hours until verified level of competency is 18 obtained from an accredited college of dentistry taken within 6 months of order; 3 hours in record 19 keeping, refund and a CE audit for next biennium, laws and rules exam within one year. 20

21 Following review, the following action was taken by the board: 22 23 Motion: by Dr. Morgan to accept the settlement 24 Second: by Ms. Kitchens 25 Vote: unanimous 26

27 Leon F. Smith, D.D.S., Case No. 2007-18398, Settlem ent Agreement 28 (PCP Melzer, Thomas) 29 A request for continuance was granted. 30

31 Lee A. Weiss, D.M.D., Case No. 2007-17993, Settleme nt Agreement 32 (PCP Melzer, Thomas) 33 Dr. Weiss was present and was represented by Stephen Knoerr, Esq. An administrative complaint 34 filed on May 6, 2008 alleged violations of s. 466.028(1)(m), F.S. of failure to keep dental records 35 justifying the course of treatment involving a treatment plan, radiographs, documentation of existing 36 decay and restorations. 37

38 Probable cause panel recommendation: reprimand, $5500 fine payable within 6 months, costs 39 payable within 6 months, 6-9 CE hours in record keeping, pass laws and rules exam within 12 40 months, CE audit for next biennium. 41

42 A settlement agreement was presented to the board with the following terms: letter of concern, fine 43 of $3500 payable within 6 months, costs of $2863.44 payable within 6 months, comprehensive 44 program in record keeping of not less than 6 to 9 hours until verified level of competency is obtained 45 from an accredited college of dentistry to be taken within one year of order; refund and a CE audit 46 for next biennium, laws and rules exam within one year. 47 48 Following review, the following action was taken by the board: 49 50 Motion: by Dr. Gesek to accept the settlement agreement with reevaluation (anesthesia) of dental 51

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office 1 Second: by Ms. Fisher 2 Vote unanimous 3

4 Amber E. Wiebe, D.M.D., Case No. 2007-29032, Settle ment Agreement 5 (PCP Melzer, Thomas) 6 Dr. Wiebe was present and was represented by Randolph Collette, Esq. A two count administrative 7 complaint filed on May 5, 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 8 standards involving improper preparation for crown and s. 466.028(1)(m), failure to keep written 9 records justifying the course of treatment for failure to record clinical examinations, inaccurate record 10 of any oral pathology or disease. 11

12 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, 3 hours 13 in record keeping, 3 hours in risk management, 6-9 hours in diagnosis and treatment planning within 14 6 months, costs payable within 6 months, refund to patient, pass laws and rules exam within 12 15 months, CE audit for next biennium. 16

17 A settlement agreement was presented to the board with the following terms: letter of concern, fine 18 of $6000 payable within 1 year, costs of $2742.32 payable within 1 year, within 12 months 3-9 19 hours comprehensive program in diagnosis and treatment planning until verified level of competency 20 is obtained from an accredited college of dentistry taken within one year of order; 3 hours in record 21 keeping 3 hours in risk management, refund and a CE audit for next biennium, pass the laws and 22 rules within one year. 23 24 Mr. Flynn orally amended the settlement stipulation, paragraph 6 under proposed disposition, by 25 striking current language and adding the following: respondent shall refund the patient in the 26 amount of $4,875 for out-of-pocket fees and costs for services rendered to tooth numbers 22-26 27 within thirty days of the final order. Respondent has credit for $2,000 already paid as of August 30, 28 2008. No third party reimbursement is required by respondent, however, patient is responsible to 29 reimburse third party for any payments for tooth numbers 22-26. Notification has been made to the 30 patient by Department Counsel on September 9, 2008. 31 32 Following review, the following action was taken by the board: 33 34 Motion: by Dr. Gesek to amend the settlement to accept the substituted language under proposed 35 disposition, paragraph 6 and to amend continuing education as follows: complete 3-6 hours in 36 diagnosis and treatment planning and 6-9 hours in crown and bridge. 37 Second: by Ms. Gainey 38 Vote: unanimous 39 40 Dr. Wiebe accepted the counter offer. 41 42 Todd M. Williams, D.M.D., Case No. 2006-43273, Sett lement Agreement 43 (PCP Melzer, Thomas) 44 Dr. Williams was present and was represented by Todd Smayda, Esq. An administrative complaint 45 filed on October 1, 2007 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 46 standards involving implants and failure to inform patient of parasthesia complications. 47

48 Probable cause panel recommendation: reprimand, $ 10,000 fine payable within 6 months, costs 49 payable within 6 months, 12 hours of implant placement, 3 hours in post-op complications, 3 hours 50

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in diagnosis and treatment planning within 6 months, refund to patient, pass laws and rules exam 1 within 12 months, CE audit for next biennium. 2

3 A settlement agreement was presented to the board with the following terms: letter of concern, fine 4 of $7000 payable within 6 months, costs of $3956.25 payable within 6 months, 9 hours in implant 5 placement until verified level of competency is obtained from an accredited college of dentistry taken 6 within one year of order, 3 hours in diagnosis and treatment planning; 3 hours in post-op 7 complications, refund and a CE audit for next biennium, laws and rules exam within 1 year. The 8 settlement included a revision of the administrative complaint. 9 10 Following review, the following action was taken by the board: 11 12 Motion: by Dr. Winker to reject the settlement agreement and amend to include 6-9 hours in 13 implant placement, 3-6 in diagnosis and treatment planning until verified level of 14 competency is obtained 15 Second: by Ms. Gainey 16 Vote: unanimous 17 18 Dr. Williams accepted the counter offer. 19

20 Meleste Warren, R.D.H., Case No. 2006-18705, Inform al Hearing 21 (PCP Melzer, Thomas) 22 Ms. Warren was present and was represented by Edwin Bayo, Esq. An administrative complaint 23 filed on July 30, 2007 alleged violations of s. 466.028(1)(y), F.S. of practicing beyond the scope 24 involving placement of chemicals involved in bleaching – a non-delegable task. 25

26 Probable cause panel recommendation: reprimand, $1500 fine payable within 6 months, costs 27 payable within 6 months, 3 CE hours in ethics, pass laws and rules exam within 12 months, CE audit 28 for next biennium. 29

30 Following review, the following action was taken by the board: 31 32 Motion: by Dr. Winker to adopt the statement of fact as contained in the administrative complaint 33 Second: by Dr. Gesek 34 Vote: unanimous 35 36 Motion: by Dr. Winker to dismiss the case 37 Second: by Dr. Gesek 38 Vote: motion passes with 3 opposed 39 40 James Davison, D.D.S., Case No. 2007-35810, Volunta ry Relinquishment 41 (PCP Melzer, Thomas) 42 Dr. Davison was not present and was not represented by counsel. A three count administrative 43 complaint filed on May 5, 2008 alleged violations of s. 466.028(1)(h), F.S. of being employed by a 44 corporation, 466.028(1)(g), F.S. of aiding and assisting an unlicensed person to practice (denturist 45 from Canada), s. 466.028(1)(z), F.S. delegating professional responsibilities to person not qualified. 46

47 Probable cause panel recommendation: revocation 48 49 A voluntary relinquishment of license was presented to the board. 50 51

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Following review, the following action was taken by the board: 1 2 Motion: by Dr. Gesek to accept the voluntary relinquishment 3 Second: by Ms. Kitchens 4 Vote: unanimous 5

6 Jannette Morales, D.R., Case No. 2008-12665, Volunt ary Relinquishment 7 (PCP Waived) 8 Ms. Morales was not present nor represented by counsel. The Department alleged a violation of s. 9 466.028(1)(c), F.S. for being convicted of a crime related to the practice of dentistry. Ms. Morales 10 was convicted of a crime involving Medicare fraud – money laundering. A voluntary relinquishment 11 of license was presented to the board. 12 13 Following review, the following action was taken by the board: 14 15 Motion: by Ms. Gainey to accept the voluntary relinquishment 16 Second: by Dr. Thomas 17 Vote: unanimous 18

19 Claude D. Strickland, D.D.S., Case No. 2007-17563, Voluntary Relinquishment 20 (PCP Waived) 21 Dr. Strickland was not present and was represented by Edwin Bayo, Esq. 22 A voluntary relinquishment of license was presented to the board. Investigative file shows alleged 23 sexual misconduct. 24 25 Following review, the following action was taken by the board: 26 27 Motion: by Mr. Embree to accept the voluntary relinquishment 28 Second: by Ms. Kitchens 29 Vote: unanimous 30

31 Teresa Householder, D.R., Case No. 2007-32380, Sett lement 32 (PCP Melzer, Thomas) 33 Ms. Householder was not present and was not represented by counsel. An administrative complaint 34 filed on May 5, 2008 alleged violations of s. 466.028(1)ll), F.S. of obtaining a license with insufficient 35 funds and change of address without notifying the board office. 36

37 Probable cause panel recommendation: suspend until compliant. 38 39 A settlement agreement was presented to the board with the following terms: reprimand, payment of 40 costs of $497.31 within 6 months, CE may be audited 41 42 Following review, the following action was taken by the board: 43 44 Motion: by Dr. Gesek to accept the settlement agreement 45 Second: by Ms. Gainey 46 Vote: unanimous 47 48 Amy D. Masri, D.M.D., Case No. 2007-27404, Waiver 49 (PCP Melzer, Thomas) 50

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Dr. Masri was not present nor represented. A two count administrative complaint filed on May 5, 1 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum standards involving root 2 canal and broken file left in canal and 466.028(1)(m), F.S. for failing to keep records justifying the 3 treatment. Respondent’s license was revoked at the June 2008 meeting. 4 5 A motion for default was presented to the board. 6 7 Following review, the following action was taken by the board: 8 9 Motion: by Ms. Kitchens that Dr. Masri waived her right to a formal hearing in this matter 10 Second: by Ms. Gainey 11 Vote: unanimous 12 13 Motion: by Dr. Gesek to adopt the findings of fact and conclusions of law 14 Second: by Dr. Winker 15 Vote: unanimous 16 17 Motion: by Dr. Morgan to impose revocation based on aggravating circumstances as stated by Mr. 18 Flynn and assess costs of $4,240.84 19 Second: by Ms. Kitchens 20 Vote: unanimous 21 22 Dr. Melzer advised the board that the investigative office, prosecution services and probable cause 23 panel spend an enormous amount of time reviewing the cases prior to cases coming before the 24 board. The panel also reviews x-rays in the cases. He is concerned about the reduction of the fines 25 and penalties recommended by the probable cause panel. 26 27 APPEARANCES (THURSDAY) 28 Doug Manning, DMD, JD, MPH, Quarterly Update on Ora l Health from DOH 29 Dr. Manning, Senior Health Services Analyst, Public Health Dental Program, Department of Health, 30 gave a status report to the board on the ad hoc workforce Oral Health Committee. He gave an 31 overview of public health relating to the primary care dental services provided in the 67 counties, 32 with statistics. The statewide average of dentist per population ratio is 1:1943. 33 34 He reported that medical and dental services are available in county health departments, Children’s 35 Medical Services clinics and several regional health service centers located throughout the state. 36 With fewer private practitioners accepting Medicaid patients, these safety net providers take on more 37 of the uninsured patients. Forty-nine of sixty seven counties provide primary care dental services. 38 Eighty percent of dental disease is in twenty percent of the disadvantaged population. The 39 population of Florida is over 19 million. The county health departments have 194 dentist positions 40 (full and part time) and 457 dental hygienist positions. There are 35 dentist vacancies some 41 positions vacant since 2003. Three counties have no dentist, 7 counties have no Medicaid dentist, 9 42 counties have no Medicaid children’s dentist, 7 counties have only one Medicaid children’s dentist. 43 44 Dr. Manning discussed preventive and educational programs – water fluoridation, teledentistry – 45 70% of Florida’s population receive fluoridated water. He stated that some keys to improving oral 46 health were sealants, fluoride varnish, ability to provide specialty care, community water fluoridation, 47 education, diet and nutrition. 48 49 Board members discussed various options and roadblocks to licensees providing assistance to the 50 county health departments through CE credit and remediation. 51

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1 Testing Services Presentation on Dental Examination Changes 2 Michael Curtis, Testing Services Unit and Charles Ross, Assistant Examination Supervisor were 3 present to discuss the examination changes. 4 5 Dr. Klement explained that the Examination Committee is made up of members of the board. The 6 Examination Development Committee is made up of Drs. Charles Ross, Dr. Hal Haering, Dr. William 7 Robinson and herself. 8 9 Motion: by Dr. Gesek to refer the issue of curriculum integrated format to the Exam Committee 10 Second: by Ms. Gainey 11 Vote: unanimous 12 13 Motion: by Dr. Thomas to allow candidates to take Class III Composite on a mannequin 14 Second: by Ms. Gainey 15 Vote: unanimous 16 17 Motion: by Dr. Thomas to hold a full board meeting by telephone conference call on October 6 at 18 5:00 to discuss examination changes 19 Second: by Dr. Melzer 20 Vote: unanimous 21 22 Testing Services Correspondence 23 Consideration of Examination Committee Recommendati on regarding Diagnostic Skills 24 Examination 25 The Department currently uses a portion of the Northeast Regional Board of Dental Examiners, Inc. 26 (NERB) Diagnostic Skills Examination, consisting of 100 questions. The Examination Development 27 Committee has recommended that the Diagnostic Skills examination be expanded to include the 28 NERB Diagnostic Skills examination in its entirety. This change would expand the examination from 29 100 questions to approximately 280 questions, to include Diagnosis, Oral Medicine and Radiology, 30 Comprehensive Treatment Planning and Periodontics, Prosthodontics and Medical Considerations. 31 32 Motion: by Dr. Klement to adopt the exam as recommended 33 Second: by Dr. Morgan 34 Vote: motion passes with Dr. Thomas opposed 35

36 37

Request for Continuing Education Credits 38 The board reviewed a request from Michael Curtis, psychometrician with Testing Services, to 39 approve continuing education credits for work completed during a laws and rules task analysis. The 40 statute allows continuing education for research, subjects pertinent to oral health and safety, and 41 participation in board-approved individual study. 42 43 Following discussion, the following action was taken by the board: 44 45 Motion: by Dr. Gesek to approve the continuing education credit 46 Second: by Dr. Winker 47 Vote: Unanimous 48 49 PETITIONS/OTHER REQUESTS 50 Anas Selman, D.D.S. 51

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Petition for Variance or Waiver, Rule 64B5-2.0146, FAC 1 Dr. Selman was present and not represented by counsel. He graduated from Tishreen University 2 Dental School in Syria in 2000. January, 2003 through June, 2004. In July, 2004, Endodontic post-3 doctoral program – graduation in June 2006. October, 2007 - full time faculty in Endodonics at 4 Columbia University in New York. 5 6 Following discussion, the following action was taken by the board: 7 8 Motion: by Dr. Thomas to approve the petition for variance or waiver 9 Second: by Dr. Gesek 10 Vote: unanimous 11 12 Tuong Vi T Le, D.D.S. 13 Petition for Variance or Waiver, Rule 64B5-2.013, F AC 14 Dr. Le is completing her residency at Nova Southeastern. She passed the clinical exam last year on 15 March 22, 2007, but failed the laws and rules. Candidates have 13 months to complete all 3 exams 16 – she would like to take the laws and rules exam and has listed hardship documentation – medical 17 information on car crash, health reasons which have prevented her from re-take of the exam. 18

19 Following discussion, the following action was taken by the board: 20 21 Motion: by Dr. Thomas to approve the petition for variance or waiver 22 Second: by Dr. Winker 23 Vote: unanimous 24 25 Maritza Vega, D.D.S. 26 Petition for Variance or Waiver, Rules 64B5-7.003(4 ), 64B5-2.0146(2), FAC 27 Dr. Vega was present and was represented by Edwin Bayo. Dr. Vega received her dental degree 28 from Havana, Cuba. She completed a two year dental general residency program at Jackson 29 Memorial Hospital. 30 31 Following discussion, the following action was taken by the board: 32 33 Motion: by Dr. Thomas to approve the petition for variance or waiver 34 Second: by Dr. Melzer 35 Vote: unanimous 36 37 Adriana Gabaldon, D.D.S. 38 Petition for Variance or Waiver, Rules 64B5-7.003(4 ), 64B5-2.0146(2), FAC 39 Dr. Gabaldon was present and was represented by Edwin Bayo. Dr. Gabaldon received her dental 40 degree from Central University of Venezuela in Caracas. She completed a two year dental general 41 practice residency program at Jackson Memorial Hospital sponsored by the University of Miami. 42 43 Following discussion, the following action was taken by the board: 44 45 Motion: by Dr. Gesek to approve the petition for variance or waiver 46 Second: by Dr. Thomas 47 Vote: unanimous 48 49 Robin D. Young, D.D.S. 50 Request for reinstatement of dental license 51

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Dr. Young was present and was represented by Dave Watkins, Esq. Dr. Young was suspended on 1 April 4, 2008 by final order pending a PRN evaluation and compliance with any recommendations. 2 She has complied with these terms and is requesting reinstatement of her dental license. 3 4 Following discussion, the following action was taken by the board: 5 6 Motion: by Dr. Melzer to reinstate the dental license 7 Second: by Dr. Thomas 8 Vote: motion passes with Dr. Winker opposed 9 10 Johnny Caceres, D.D.S. 11 Petition for Variance or Waiver, Rule 64B5-7.003(4) , 64B5-2.0146(2), F.A.C. 12 Dr. Caceres was present and was represented by Edwin Bayo, Esq. Dr. Caceres received his 13 dental degree from the University of Havana, Cuba. He completed a two year residency in Oral and 14 Maxillofacial Surgery at Jackson Memorial Hospital under the auspices of Miami University. 15

16 Following discussion, the following action was taken by the board: 17 18 Motion: by Dr. Gesek to approve the petition for variance or waiver 19 Second: by Dr. Winker 20 Vote: unanimous 21 22 Ivan Izquierdo, D.M.D. 23 Petition for Variance or Waiver, Rule 64B5-7.003(4) , 64B5-2.0146(2), F.A.C. 24 Dr. Izquierdo was present and was represented by Edwin Bayo, Esq. Dr. Izquierdo received his 25 dental degree from I.S.C.M. University in Villa Clara, Cuba. He completed two one-year programs of 26 supplemental dental education in Advanced Education General Dentistry at the Dade County Dental 27 research clinic (July 2006 to June 2007) and an oral maxillofacial surgical residency at Jackson 28 Memorial Hospital under the auspices of the University of Miami. 29

30 Following discussion, the following action was taken by the board: 31 32 Motion: by Dr. Thomas to approve the petition for variance or waiver 33 Second: by Dr. Melzer 34 Vote: unanimous 35 36 Sandra Brener, D.D.S. 37 Petition for Variance or Waiver, Rule64B5-2.0146(2) , F.A.C. 38 Dr. Brener was present and was represented by Edwin Bayo, Esq. Dr. Brener received her dental 39 degree from the University of Buenos Aires. She received a master’s degree in pediatric dentistry in 40 1996. She completed a two year pediatric dentistry residency program at Nova Southeastern 41 University. 42 43 Following discussion, the following action was taken by the board: 44 45 Motion: by Dr. Gesek to approve the petition for variance or waiver 46 Second: by Dr. Winker 47 Vote: unanimous 48 49 Vivian Manjarres, D.D.S. 50 Petition for Variance or Waiver, Rule 64B5-2.0146(2 ), F.A.C. 51

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Dr. Manjarres was present and was not represented by counsel. She graduated from a 5 year dental 1 program at Universidad Javeriana in Bogota, Columbia. She practiced for 2 years in Bogota. In 2 1994 she entered the Advanced Education Program in Endodontics at Baylor College of Dentistry in 3 Dallas, Texas. In 2004, she accepted a teaching position at Nova Southeastern in the endodontics 4 program. She has passed the WREB. 5

6 Following discussion, the following action was taken by the board: 7 8 Motion: by Mr. Embree to approve the petition for variance or waiver 9 Second: by Dr. Gesek 10 Vote: unanimous 11 12 Thelma Josephs 13 Petition for Variance or Waiver, Rule 64B5-2.0144, F.A.C. 14 Ms. Josephs was present and was not represented by counsel. She received her degree in 15 Dentistry in 1982 from Escola de Farmacia e Odontologia de Alfenas in Brazil. She wants to sit for 16 the Dental Hygiene exam and is missing documented coursework in prophylaxis which she states is 17 included in other coursed during her dentistry program. She was a dentist in Brazil from 1983 to 18 1999 and performed this procedure on many patients. 19 20 Following discussion, the following action was taken by the board: 21 22 Motion: by Dr. Gesek to approve the petition for variance or waiver 23 Second: by Dr. Melzer 24 Vote: motion passes with Ms. Kitchen and Ms. Fisher opposed 25 26 Patrick Leconte, D.M.D. 27 Dr. Leconte was present and was represented by Edwin Bayo, Esq. A motion for extension of time 28 was filed as respondent has filed bankruptcy. Respondent has paid $2000 and requests an 29 extension of time to pay additional fines and costs. 30 31 Following discussion, the following action was taken by the board: 32 33 Motion: by Dr. Thomas to grant a one year extension and respondent cannot discharge fines and 34 costs in bankruptcy proceeding 35 Second: by Ms. Gainey 36 Vote: unanimous 37

38 APPLICATION REVIEW 39 Terrell Rubin, Applicant for Dental Hygiene Exam 40 Mr. Rubin was present and was not represented by counsel. A PRN recommendation letter 41 recommends compliance with a chemical dependency contract with possible early termination. 42

43 Following discussion, the following action was taken by the board: 44 45 Motion: by Dr. Gesek to approve the application 46 Second: by Ms. Gainey 47 Vote: unanimous 48 49 Nhan Pham, Applicant for Dental Hygiene Exam 50

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Mr. Pham was not present and was not represented by counsel. He appeared at the June board 1 meeting, waived his 90 days and agreed to a PRN evaluation. 2 3 Following discussion, the following action was taken by the board: 4 5 Motion: by Dr. Thomas to approve the application 6 Second: by Ms. Kitchens 7 Vote: motion passes with Dr. Winker opposed 8 9 Dr. Winker asked that a letter be sent to the applicant that he had concerns regarding his past 10 history of altercations. 11 12 Hilary R. Dalton, D.M.D., M.S., Applicant for Consc ious Sedation Permit 13 Dr. Dalton was not present and was not represented by counsel. She has applied for a conscious 14 sedation permit. Her office failed the inspection and according to rule, the permit must be denied 15 64B5-14.007(5), F.A.C. 16 17 Following discussion, the following action was taken by the board: 18 19 Motion: by Dr. Melzer to deny the application 20 Second: by Dr. Thomas 21 Vote: unanimous 22 23 The board expressed that if Dr. Dalton is interested in obtaining a conscious sedation permit she 24 should reapply. 25 26 Craig Allen Sater, D.D.S., Applicant for Conscious Sedation Permit 27 Dr. Sater was present and was represented by Edwin Bayo. He has applied for a conscious sedation 28 permit. Dr. Sater was charged with a standard of care violation in which the board rejected the 29 settlement agreement and the board revoked his conscious sedation permit in June, 2007. Dr. Sater 30 completed a 22 hour remedial course and several risk management and error prevention courses. 31 He is requesting that he be granted a permit. 32 33 Following discussion, the following action was taken by the board: 34 35 Motion: by Dr. Thomas to approve the application pending satisfactory office inspection and the 36 administration of anesthesia to one patient. All sedation cases must be monitored for one 37 year with the monitor physically present through October 2009. 38 Second: by Dr. Perdomo 39 Vote: motion passes with Dr. Klement opposed 40 41 Suwannee River Area Health Education Center, Applic ant for CE Provider Status 42 Ms. Susie Lloyd was present and not represented by counsel. She is seeking approval as a CE 43 provider for this health education center. 44 45 Following discussion, the following action was taken by the board: 46 47 Motion: by Dr. Gesek to approve the application 48 Second: by Dr. Perdomo 49 Vote: unanimous 50 51

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Aesthetic Mentors, LLC Application for CE Provider 1 The board reviewed the program which included instruction in botox/dermal fillers, etc. 2 3 Following discussion, the following action was taken by the board: 4 5 Motion: by Dr. Klement to approve the application 6 Second: by Dr. Perdomo 7 Vote: unanimous 8 9 Marcia Farrar, R.D.H. Applicant for Dental Hygiene Licensure 10 Ms. Farrar was present and not represented by counsel. Ms. Farrar’s license is null and void. It was 11 current until 2000. She has retaken and passed the national exam and has taken a review course for 12 the laws and rules exam. 13 14 Following discussion, the following action was taken by the board: 15 16 Motion: by Dr. Thomas to approve the application for her to sit for the licensing examination 17 Second: by Dr. Melzer 18 Vote: unanimous 19 20 TOPIC DISCUSSION 21 Letter from Ed Bayo regarding scope of practice of dental assistants 22 Mr. Bayo is asking whether a dental assistant can use a prophy jet to clean orthodontic brackets and 23 wires during hygiene visits. Rule 64B5-16.005(4)(b) allows an assistant to perform task of irrigation 24 and evacuation of debris under indirect supervision. 25 26 Following discussion, Mr. Tellechea advised the board that the board should not answer this as it 27 would constitute a non-rule policy. 28 29 A second question was posed. Does the supra gingival use of a hand instrument such as an 30 explorer or spoon excavator to remove debris from the clinical crown fall within the scope of a dental 31 assistant? 32 33 Following discussion, Mr. Tellechea advised the board that the board should not answer this as it 34 would constitute a non-rule policy. The proper avenue would be for interested parties to request a 35 petition for declaratory statement. 36 37 Question regarding oral cancer screening technique 38 The following question was posed to the board office: can a dental hygienist using visalight oral 39 cancer screen check the patient for tissue abnormalities in the absence of the dentist? 40 41 Mr. Tellechea advised the board they should not answer this question by making non-rule policies 42 and interested parties should request a petition for declaratory statement. Concerning this question, 43 a licensee should be referred to the rules concerning delegable duties. The board stated the use of 44 visalight oral cancer screen is not a delegable duty. 45 46 Health Access Dental License 47 Application draft 48 Board staff submitted a draft of the health access dental license application for board review and 49 approval. 50 51

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Following discussion, the following action was taken by the board: 1 2 Motion: by Dr. Thomas to approve the application 3 Second: by Ms. Kitchens 4 Vote: unanimous 5 6 Board members requested that application be revised to show Health Access Dental License on the 7 initial page and a section for location. Members stated they would like dentists to notify the board of 8 changes in practice location within 30 days. 9 10 Motion: by Dr. Thomas to approve the application with the addition of a statement indicating 11 practice location and to direct counsel to draft rules 12 Second: by Dr. Klement 13 Vote: unanimous 14 15 Rule drafts 16 64B5-5.001 Application for Health Access Dental Lic ense 17

18 64B5-5.001 Application for Health Access Dental Li cense 19 Any person wishing to be issued a Health Access Dental License shall apply to the Board of 20 Dentistry. The application shall be made on the Application for Health Access Dental License form 21 FORM # (revised date), hereby adopted and incorporated by reference, and can be obtained from 22 the Board of Dentistry’s website at http://www.doh.state.fl.us/mqa/dentistry/. 23 24 No SERC Required 25

26 27

SB 2760 28 The board discussed language in the bill on page 3 of 13 which states “retired veterans”. This 29 language is restrictive to those who did not “retire” from the military. The board asked staff to place 30 the following definition in the application: Definition of retirement = separated from the military. 31

32 Dental/Dental Hygiene Examination Applications – re vision 33 Following discussion, the following action was taken by the board: 34 35 Motion: by Dr. Thomas to accept the changes 36 Second: by Dr. Melzer 37 Vote: unanimous 38 39 Letter from CODA regarding University of Miami/Jack son Memorial Hospital General Practice 40 Residency Program 41 The Board of Dentistry was copied on a letter to Mr. Marvin O’Quinn, President, Public Health Trust, 42 Miami University involving the accreditation status of the general practice residency program which 43 is currently “approval with reporting requirements”. An 18 month period to correct deficiencies 44 expires in January, 2009. Some deficiencies in the program remain and Commission is notifying of 45 its intent to withdraw accreditation. 46 47 Motion: by Dr. Perdomo to instruct board staff to send letter to Mr. O’Quinn informing him that the 48 permits may be revoked if the program does not obtain accreditation 49 Second: by Ms. Gainey 50 Vote: unanimous 51

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1 Letter from Florida Association of Orthodontists an d Florida Dental Association regarding 2 proposed changes regarding impressions for orthodon tic appliances 3

4 FOR YOUR INFORMATION 5 Rule 64B5-3.005, FAC, Counterfeit-resistant Prescri ption Blanks for Controlled Substance 6 Prescribing 7 Statistics for Dentists, Dental Hygienists and Dent al Radiographers 8 Article – A Dental Scandal 9 2007- 2008 ADEX Annual Report 10 2007 Annual Report – WREB 11 Charts Report – Total Licensed Dentists by County 12 Letter from Drs. Gordy and Kaim 13 List of Approved Petitions for Variance or Waiver r elating to education 14 Correspondence from Farokh Jiveh, D.D.S. regarding one time assessment fee 15 Budget information – Dental 16 Budget information – Dental Hygiene 17

18 REPORTS 19 Board Counsel 20 Legislation Affecting Small Businesses 21 a. HB 7109 22 b. Memorandum from Ed Tellechea 23 c. Rules for Review 24

25 Rule 64B5-2.014 Licensure Requirements for Applican ts from Accredited Schools or Colleges 26 Insert new language for (4) and renumber remaining items 27 (4) proof of training in cardiopulmonary resuscitation (CPR) at the basic support level, including 28 one-rescuer and two-rescuer CPR for adults, children, and infants; the use of an automatic external 29 defibrillator (AED); and the use of ambu-bags. All such training shall be sufficient for and shall result 30 in current certification or re-certification by the American Heart Association, the American Red Cross 31 or an entity with equivalent requirements. 32 33 No SERC Required 34 35 Rule 64B5-16.001 Definitions of Remediable Tasks an d Supervision Levels (new section) 36 Create (8) 37 (8) Any task delegable to dental assistants will be delegable to dental hygienists under the same 38 supervision level, unless otherwise stated in the rules. 39 40 No SERC Required 41 42 64B5-16.002 Required Training 43 (1) Formal training which is required for the performance of certain remediable tasks consists of a 44 dental hygienist’s or dental assistant’s successful completion of an expanded duty course or 45 program which meets one of the following requirements: 46 (a) The course or program is administered or was developed as a part of the regular curriculum at a 47 school of dentistry, dental hygiene or dental assisting accredited by the American Dental 48 Association’s Commission on Dental Accreditation, its successor agency or any other nationally 49 recognized accrediting agency; or 50

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(b) The course or program has been approved by the Board for the purpose of providing expanded-1 duties training for dental hygienists and dental assistants; or 2 (c) A dental assistant who possesses a current Dental Assisting National Board, Inc. (DANB) 3 credential. 4 5 No SERC Required 6 7 Rule 64B5-16.006 Remediable Tasks Delegable to a De ntal Hygienist 8 Move to indirect supervision 9 Marginating restorations with finishing burs, green stones, and/or burlew wheels with slow-speed 10 rotary instruments which is not for the purpose of changing existing contours or occlusion; 11 12 SERC Required; will have a positive effect 13 14 Rule 64B5-16.006(1)(c) 15 Move to indirect supervision 16 Cementing temporary crowns and bridges with temporary cement; 17 18 SERC Required; will have a positive effect 19 20 Rule 64B5-16.006(1)(h) 21 Move to indirect supervision 22 Monitor the administration of the nitrous-oxide oxygen making adjustments only during this 23 administration and turning it off at the completion of the dental procedure; 24 25 SERC Required 26 27 Rule 64B5-16.006(2)(h) 28 Move to general supervision 29 Applying sealants 30 31 SERC Required 32 33 Rule 64B5-16.006(2)(i) 34 Move to general supervision 35 Placing or removing prescribed pre-treatment separators 36 37 SERC Required 38 39 Rule 64B5-16.006 40 Add (2)(l) (new) 41 Monitor and remove in-office bleaching materials, after placement of bleach by dentist 42 43 SERC Required 44 45 Add new language to allow dental hygienists to inse rt and/or perform minor adjustments to 46 sports mouth guards and custom fluoride trays under general supervision 47 Insert and/or perform minor adjustments to sports mouth guards and custom fluoride trays 48 49 Rule 64B5-16.007(4) 50

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(4) Without Supervision: Provide educational programs, faculty or staff training programs, authorized 1 fluoride rinse programs, apply fluoride varnishes, instruct patients in oral hygiene care and 2 supervising patient oral hygiene care and other services which do not involve diagnosis or treatment 3 of dental conditions. 4 5 SERC Required 6 7 64B5-15.002 Application Fees 8 The application fee for licensure as a dentist shall be one hundred dollars ($100.00), and the 9 application fee for licensure as a dental hygienist shall be fifty dollars ($50.00). The application fee 10 for a Health Access Dental License shall be one hundred dollars ($100.00). 11 12 No SERC Required 13 14 64B5-15.006 Licensure and Renewal Fees 15 (1) The fee for biennial renewal of both a dental license and of a health access dental license shall 16 be $300.00, .and The biennial renewal fee for a dental hygiene license, the renewal fee shall be 17 $100.00. 18 (2) Initial licensure fees shall be the same as renewal fees. However, applicants granted initial 19 licensure during the second year of the biennium shall pay one half of the normal fee. 20 21 No SERC Required 22 23 64B5-17.006 Work Order Prescription Forms. 24 (1) Approved work order prescription forms must contain all information necessary for completion of 25 the assigned work and must include at a minimum: 26 (a) Title – “Laboratory Procedure Authorization Prescription;” 27 (b) Name, address and license number of the registered dental laboratory; 28 (c) Name, address and license number of the Florida licensed dentist who owns the work order 29 prescription form and is authorizing the procedure; 30 (d) Name of patient(s) Patient’s name or number; 31 (e) Date sent to lab; 32 (f) Signature of the licensed dentist, which may be an electronic signature; 33 (g) Sufficient descriptive information to clearly identify each separate and individual piece of work to 34 be performed by the dental laboratory; and 35 (h) Specification of materials to be contained in each work product. 36 (2) Copies of work order prescription forms must be maintained, either on paper or stored 37 electronically in an encrypted data base, by in the prescribing dentist’s office for a period of four (4) 38 years following the date the prescription was issued. The original prescription shall be retained in a 39 file by the dental laboratory for a period of 4 years. 40 (3) A registered dental laboratory may perform work for another registered dental laboratory if that 41 work is performed pursuant to a written authorization form containing all information necessary for 42 completion of the assigned work and must include at a minimum: 43 (a) Title – “Laboratory Procedure Authorization;” 44 (b) Name, address and license number of the originating registered dental laboratory; 45 (c) Name, address and license number of the registered dental laboratory performing the work; 46 (d) Evidence that the originating laboratory has obtained a valid prescription which shall include the 47 name, address and license number of the licensed dentist who wrote the original prescription 48 authorizing the procedure; 49 (e) Sufficient descriptive information to clearly identify each separate and individual piece of work to 50

Amended 2/20/2009


be performed by the dental laboratory; and 1 (f) Specification of materials to be contained in each work product. 2 3 SERC Required 4 5 64B5-2.0144 Licensure Requirements For Dental Hygie ne Applicants from Unaccredited 6 Dental Schools or Colleges 7 Applicants for licensure as dental hygienists who have graduated from an unaccredited dental 8 school or college shall submit the following: 9 (1) – (9) No Change. 10 (10)(a) Applicants applying for licensure under Section 466.007(2)(b)2., F.S., whose applications do 11 not indicate they have obtained Dental Hygiene clinical education to the level of the clinical 12 experience required by an American Dental Association (ADA) accredited Dental Hygiene program 13 in the areas set forth in paragraph (110)(b) below, who have failed the initial examination, shall be 14 required to obtain remedial coursework in those designated areas that applicant has not successfully 15 completed that would meet the ADA clinical requirements at an ADA accredited dental or dental 16 hygiene school, before being permitted to re-take the dental hygiene examination. Such additional 17 coursework shall be obtained from a program accredited by the ADA, only after the applicant 18 satisfies and the Board approves the education and testing requirements of subsections (3) through 19 (10) above. Such additional coursework must be obtained by the applicant and approved by the 20 Board prior to the applicant being allowed to sit for the Florida Dental Hygiene examination. 21 (b) – (c) No Change. 22 23 No SERC Required 24 25 Proposed Rule Draft 64B5-2.013, FAC 26 64B5-2.013 Dental Examination Requirements and Grading. 27 (1)(a) – (3)(d) No change 28 1. Class II Amalgam and Class III Composite on Patient. This part of the Practical or Clinical 29 Examination shall consist of a preparation procedure and a restoration procedure. The following 30 areas will be assessed in determining a grade for each procedure: 31 a.-(4)(c) no change 32 33 The board did not approve this rule. 34 35 Rules Report 36 The board discussed a recent letter from Ms. Printy, JAPC and response from Donna Erlich, DOH 37 regarding Certification of Foreign Educational Institutions. The board also reviewed draft language 38 involving the certification of foreign dental schools and following discussion, the following action was 39 taken by the board: 40 41 64B5-2.0151 Review Procedures, Standards and Metho dology for Certification of Foreign 42 Education Institutions 43 (1) Purpose. The purpose of this rule is to provide the review procedures, standards and 44 methodology to be applied by the Florida Department of Health in surveying and evaluating a foreign 45 dental school which has applied to the Department for certification pursuant to Section 466.008, 46 Florida Statutes. 47 (2) A foreign dental school which seeks certification pursuant to Section 466.008, Florida Statutes, 48 shall submit the following to the Department: 49 (a) A completed application form; 50

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(b) A registration fee as prescribed by the Department; 1 (c) A survey fee as prescribed by the Department; 2 (d) A completed data base questionnaire. A current catalog and student and faculty handbook 3 should be submitted with the completed data base questionnaire; 4 (e) A Preliminary Accreditation Consultation Visit (PACV) site visit report prepared by the 5 Commission on Dental Accreditation (CODA); and 6 (f) A CODA accreditation site visit report. 7 (3) After items (2)(a) through (f) are provided to the Department, the application form, data base 8 questionnaire, CODA’s PACV site visit report and CODA accreditation site visit report will be 9 presented to a Technical Advisory Committee appointed by the Department in accordance with 10 Section 466.008(3), Florida Statutes. The committee will review the applicant school’s submissions 11 and issue a report to the Department based on an evaluation of the following: 12 (a) institutional effectiveness/outcomes assessment 13 (b) curriculum content and scope 14 (c) faculty and staff qualifications and numbers 15 (d) type and adequacy of facilities 16 (e) student attendance 17 (f) patient care services and policies 18 (g) student polices and services 19 (h) research for both faculty and staff 20 (i) quality assurance 21 (j) comprehensive patient care 22 (k) relationship of the school to the university and government; and 23 (l) standards of care. 24 (4) Upon receipt of the report by the Technical Advisory Committee, the Department will notify the 25 applicant school of its intent to grant or deny either provisional or full certification. Certification must 26 be denied if deficiencies found are of such magnitude as to prevent the students in the school from 27 receiving an educational base suitable for the practice of dentistry. 28 (5) Any school granted either provisional or full certification shall submit to the Department evidence 29 of continued compliance annually. Any material change in the elements listed in (3)(a) through (l) 30 above shall be reported to the Department in writing within fifteen (15) days of the change. 31 32 Motion: Dr. Thomas to approve draft 33 Second: Dr. Melzer 34 Vote: passes with Dr. Winker and Ms. Fisher opposed. 35 36 Proposed Rule Draft 64B5-17.002 37 64B5-17.002 Written Dental Records; Minimum Content ; Retention 38 Initial draft: 39 1(c) Any radiographs used for the diagnosis and treatment of the patient including models or 40 electronic scans; 41 42 Motion: by Dr. Melzer to accept this change and notice rule 43 Second: by Dr. Klement 44 Vote: unanimous 45 46 No SERC required. 47 48 Alternate proposed by Vanessa Reynolds 49 64B5-17.002 50

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(7) Nothing herein shall be construed as requiring a dentist to take dental impressions for the 1 purpose of fabricating study models in any medium. 2 3 Motion: by Dr. Gesek to deny this language 4 Second: by Ms. Fisher 5 Vote: unanimous 6 7 Proposed Rule Draft 64B-4.004 Foreign Dental School s 8 9 64B-4.004 Certification Fees For Foreign Dental Edu cational Institutions 10 (1) The applicant for certification shall pay an initial nonrefundable registration fee of $1,000. 11 (2) The fee for review of the certification application is $40,000. At the end of the certification 12 process, if any portion of this fee exceeds the documented reasonable costs and expenses actually 13 used in reviewing and evaluating the application, the excess amount shall be refunded to the 14 applicant. 15 (3) The fee for renewing a certification seven years after it was provisionally or fully granted by the 16 department is $500. 17 Specific Authority 466.008 FS. Law Implemented 456.025, 466.008 FS. History- New _________. 18 19 Motion: by Dr. Melzer to approve language 20 Second: by Ms. Fisher 21 Vote: unanimous 22 23 Council on Dental Hygiene 24 The following actions were reported from the August 19, 2008 telephone conference call. 25

26 The Council supports the proposed changes as previously provided to the board regarding Rule 27 64B5-2.0144(10)(a) and supported the following changes to the delegable duties: Take impressions 28 for fabricating: diagnostic study models, opposing models, bleaching trays, surgical stents providing 29 palatal coverage, orthodontic retainers, occlusal guards, space maintainers, sports mouth guards, 30 custom fluoride trays. The Council also supported the request that additional information be 31 provided regarding the high pass rate for the dental hygiene examination. The FDHA will provide a 32 list of concerns for the board’s review at the December 2008 meeting. 33 34 Motion: by Dr. Thomas to accept the report 35 Second: by Ms. Fisher 36 Vote: unanimous 37 38 No SERC Required 39

40 Board Director 41 Ratification of Lists of Approved Permits 42 Following discussion, the following action was taken by the board: 43 44 Motion: by Dr. Thomas to approve the lists 45 Second: by Dr. Melzer 46 Vote: unanimous 47 48 Chair 49 N/A 50

51

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Vice-Chair 1 N/A 2

3 Board Members 4 N/A 5

6 OLD BUSINESS 7 Ms. Connie Reid requested that the Council on Dental Assisting meet. Dr. Thomas indicated he 8 would like to receive input for new members for the Council. 9 10 NEW BUSINESS 11 Proposed meeting dates for 2009-2010 12 2009 13 February 20 14 May 8 15 July 31 16 October 30 17 18 2010 19 January 15 20 April 9 21 June 25 22 September 10 23 December 3 24 25 Proposed meetings are 11 – 12 weeks apart 26 27 The board requested a South Florida meeting. 28 29 Motion: by Dr. Gesek to allow counsel to initiate rulemaking regarding 64B5-2.0146 and 30 64B5-7.003 31 Second: by Dr. Melzer 32 Vote: unanimous 33 34 Remedial Task for Dental Assistants 35 The board office received an e-mail from Dr. Alena Burge requesting that the Board consider 36 expanding remedial tasks for Oral and Maxillofacial Surgery assistants. She feels that assistants 37 should be able to start a butterfly IV, place simple intraorally, remove I and D drainage tubes, place 38 healing collar on implants. 39

40 Following discussion, the following action was taken by the board: 41

42 Motion: by Dr. Gesek to refer to the Rules Committee and direct counsel to initiate rule making to 43 allow assistants to start IV and administer medications under direct supervision 44 Second: by Dr. Melzer 45 Vote: motion passes with one opposed 46 47 ADJOURNMENT 48 The meeting was adjourned at 2:15 p.m. 49

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