florida board of dentistry – Beyond the Bite

REMINDER: Mandatory Opioid Course Deadline is Thursday, Jan. 31!

by Florida Dental AssociationJanuary 28, 2019January 28, 2019Leave a comment

The deadline to take the mandatory opioid course to maintain your dental license is this Thursday, Jan. 31! Go to floridadental.org/opioidcourse to register and take this course.

Per HB 21, each person registered with the DEA and authorized to prescribe controlled substances shall complete a board-approved two-hour continuing education course on prescribing controlled substances by Jan. 31, 2019.

You MUST indicate whether you are registered with the DEA to prescribe controlled substances through the Florida Department of Health. This is the only way the BOD will know if you are required to take the mandatory opioid course. *The BOD automatically assumes you are registered with the DEA and must take the mandatory course if you do not indicate otherwise.*

For more information on HB 21 and its requirements, go to floridadental.org/opioidlaw.

REMINDER: Indicate Your Status with the U.S. DEA with the Florida Department of Health

by Florida Dental AssociationJanuary 24, 2019January 28, 2019Leave a comment

All Florida-licensed dentists must indicate whether you are registered with the U.S. Drug Enforcement Administration (DEA) to prescribe controlled substances through the Florida Department of Health. This is the only way the Florida Board of Dentistry (BOD) will know if you are required to take the mandatory opioid course. The BOD automatically assumes you are registered with the U.S. DEA and must take the mandatory opioid course if you do not indicate otherwise. Click here for instructions on how to indicate if you are/are not registered with the U.S. DEA.

For more information on HB 21 and its requirements, go to floridadental.org/opioidlaw.

Altering Dental Records Can Result in Significant Penalties

by Florida Dental AssociationMay 3, 2018May 4, 20181 Comment

By Jon M. Pellett, JD, Managing Attorney – Administrative Defense, Medical Investigation Defense Unit, The Doctors Company

The Florida Board of Dentistry (BOD) takes a dim view of those who alter dental records. If a licensee is found to have altered a dental record, the BOD has a full range of penalties available to address the violation, including loss of the dental license and significant monetary penalties.

The Florida Department of Health (DOH) is the agency charged with investigating and prosecuting violations of the Dental Practice Act, including the issue of whether dental records have been altered in violation of the requirements of the BOD. The DOH has a wide range of statutory violations to choose from when presented with altered dental records.

Under the BOD’s Rule 64B5-13.005(3), if the DOH believes the alteration of the dental record was intentional and constituted fraud or making a false or fraudulent representation, it will seek a minimum mandatory fine not to exceed $10,000 for each count or separate offense, in addition to any other penalties outlined in the Board’s disciplinary guidelines.

Typical charges for altering the dental record include the following possible violations and subsequent penalties:

TDC table

Most professional licensing boards view altered records as evidence of a fundamental character flaw in the licensee and they will seek the higher range of penalties including suspension and loss of the license. The BOD is no different.

Although permittable, if you need to make a late entry in the dental record, to avoid any allegation that you are seeking to alter the dental record, you should follow the BOD’s rule on record keeping. Rule 64B5-17.002(2) states: “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.”

This requirement is applicable to handwritten records and electronic records. If you have any doubts before you make alterations or changes to a dental record, consult with an attorney.

The guidelines suggested here are not rules, do not constitute legal advice, and do not ensure a successful outcome. The ultimate decision regarding the appropriateness of any treatment must be made by each health care provider in light of all circumstances prevailing in the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.

The Florida Board of Dentistry — More Than Just Discipline

by Florida Dental AssociationJanuary 12, 2017May 30, 20171 Comment

The Florida Board of Dentistry (BOD) was established to ensure that every dentist and dental hygienist practicing in Florida meet the minimum requirements for safe practice. The practice of these professions is a privilege, not a right.

So what is the function of the BOD? It may surprise you, but the BOD is responsible for more than just discipline. They promulgate rules covering licensure and the regulation of the dental profession. They also monitor dentists and dental hygienists in their service to the people of Florida. For example, they cover sedation permitting and inspections, and dental laboratory registration — and you may remember the recent records rule revision.

The full BOD meets quarterly, but the BOD has different committees and councils that meet in the interim to discuss and debate issues before sending them to the full BOD for a vote. The committees and councils include: the anesthesia committee, rules committee, council on dental assisting, council on dental hygiene, ADEX committee, CDCA committee and a board budget liaison. The councils and committees usually meet via conference call throughout the year. The anesthesia committee and hygiene council are by far the most active.

All BOD meetings and conference calls are open to the public and dentists are encouraged to attend. It can be an eye-opening experience! And remember, it is much better to be a spectator than a participant in BOD disciplinary cases. All meetings, times and locations are posted on the BOD website at www.floridasdentistry.gov.

The board consists of 11 members appointed by the governor and confirmed by the Senate. Seven members must be licensed dentists actively engaged in clinical practice; two members must be actively practicing dental hygienists; and two members must be consumers employed in a field or occupation that is not related to the dental profession. The current members include: Dr. Robert Perdomo, chair; Dr. Joe Thomas, vice chair; Drs. Joe Calderone, Naved Fatmi, Bill Kochenour, Claudio Miro and T.J. Tejera; hygienists Ms. Cathy Cabanzon and Ms. Angie Sissine; and, consumer member, Mr. Tim Pyle. There is one consumer member position open on the BOD that the governor has not yet filled. To learn more about becoming a member of the board, visit the Governor’s Appointments Office website or email appointments@eog.myflorida.com.

Dr. Don Ilkka serves as the full-time FDA liaison to the BOD. The FDA also is represented at all meetings and conference calls by Director of Third Party Payer and Professional Affairs Ms. Casey Stoutamire. The FDA’s Governmental Action Committee monitors all BOD activities and holds conference calls to discuss issues and strategies before each meeting of the board. Please feel free to contact Ms. Stoutamire at cstoutamire@floridadental.org or 850.224.1089 with any questions about the BOD and its work protecting the citizens of Florida.