Board of Dentistry Meets in Gainesville

Feb 9, 2024 by Casey Stoutamire
On Friday, Feb. 15, the Board of Dentistry covered topics such as the Dental Sedation Workshop, and revisions and modifications to several rules.
The Florida Board of Dentistry (BOD) met in Gainesville on Friday, Feb. 15 at 7:30 a.m. The Florida Dental Association (FDA) was represented by FDA BOD Liaison Dr. Don Ilkka and Director of Third Party Payer and Professional Affairs Casey Stoutamire. Other FDA members in attendance included Drs. Gary Altschuler, Andy Brown and University of Florida College of Dentistry (UFCD) Dean Isabel Garcia. Students from UFCD hygiene and assistant programs at Santa Fe Community College also were in attendance.

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

The BOD held a Dental Sedation Workshop on Thursday, Feb. 14, before the full BOD meeting. Dr. Fernando Munoz, an anesthesia inspector, gave an excellent overview of the inspection process for a dental sedation permit. If you would like to review a copy of his presentation, it can be found at The BOD needs both general anesthesia-level and moderate-level sedation inspectors in: Gainesville, south through Orlando; Daytona, south through Melbourne; and, Tampa/Sarasota/Bradenton, south through Fort Myers areas. If you are interested, please call the FDA office at 800.877.9922 and we can put you in contact with the correct person at the BOD.

During his chair’s report, Dr. Miro asked the BOD to reconsider its revision to Rule 64B5-15.018 from its last meeting where it increased the fee for the initial inspection for a General Anesthesia Permit, Moderate Sedation Permit and Pediatric Sedation Permit to $2,000. The BOD voted to withdraw this rule, and the fee for these permits is now set to $300 again. As stated at the last meeting, BOD Executive Director Ms. Jennifer Wenhold reported that the BOD is more than $1 million dollars in the red on its budget and the shortfall is projected to be $8 million plus by 2020. The only way to truly make up the budget shortfall is a fee increase, but legislation must be passed to implement this due to a fee statutory cap on dental licensure fees. With a Republican-controlled Legislature and a Republican governor, this is not likely. Please note that the FDA does have policy that supports an increase in the statutory cap on the dental licensure fee.

The BOD heard several motions for rule modifications from the Council on Dental Hygiene. First, the BOD unanimously approved the following modification to Rule 64B5-16.001 Definitions of Remediable Tasks and Supervision Levels. Current rule allows a hygienist to use an assessment device and this modification is clarifying that a hygienist can use a DIAGNOdent™ device.

64B5-16.001 Definitions of Remediable Tasks and Supervision Levels.
(1) Remediable tasks, also referred to as expanded functions of dental assistants, are those intraoral tasks which do not create unalterable changes in the oral cavity or contiguous structures, are reversible and do not expose a patient to increased risks. The use of a laser or laser device of any type is not a remediable task, unless utilized as an assessment device.

Second, the BOD unanimously approved the following modification to Rule 64B5-17.0105 Ownership of Dental Instruments by a Dental Hygienist. A key note of clarification was put on the record that the only instruments that a hygienist could own under this rule would be the tools they can use under their scope of practice. The services outlined in statute that a dental hygienist can perform when no supervising dentist is required are the application of sealants and fluoride varnish in a health access setting.

64B5-17.0105 Ownership of Dental Instruments by a Dental Hygienist.
For purposes of interpreting Section 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. so long as the final authority on the suitability and/or manner in which said instruments will be used in the provision of dental hygiene services remains with the supervising dentist.

Finally, the BOD approved a rule to allow for Restorative Function Dental Auxiliaries (RFDA). On a December conference call, the BOD approved the rule for dental assistants and at its February meeting, the BOD approved the following rule for dental hygienists. While the rule is not yet effective as it’s working its way through the rule-making process, it will allow both assistants, including on-the-job trained dental assistants and hygienists with certain qualifications to attend a program to become an RFDA. After a dentist has prepared a tooth, a dentist may delegate to a dental hygienist or dental assistant who has met the mandatory training requirements of the rule the task of placing, packing and contouring amalgam and composite restorations and the fitting and contouring of stainless-steel crowns. However, stainless steel crowns may not be permanently cemented by the RFDA. The FDA first proposed this type of rule to the BOD in 2011 and supports the creation of the RFDA. The FDA thanks the BOD — and specifically Ms. Angie Sissine, Rules Committee chair — for its hard work on this important issue.

Mr. David Flynn, board counsel, brought forth a proposed modification to Rule 64B5-12.017 Application for Provider Status, to bring it in line with the current process regarding CE Broker. The BOD unanimously approved the following:

64B5-12.017 Application for Provider Status.
(1) Entities or individuals who wish to become approved providers of continuing education shall register with and apply through CE Broker at and submit the following information, documentation and fee: must submit the approval fee set forth in subsection 64B5-15.022(1), F.A.C., and an application on the appropriate form set forth in Rule 64B5-1.021, F.A.C., which contains the following information and which is accompanied by the following documentation:

(a) The fee set forth in subsection 64B5-15.022(1), F.A.C.;

Finally, the BOD approved the following meeting dates for 2020: Feb. 21, May 15, Aug. 21 and Nov. 13. The locations have not yet been determined.

There were five disciplinary cases, two informal hearings not involving disputed issues of material facts, one determination of waiver, one motion for costs, one request for reconsideration, two petitions for modification of final orders and one petition for termination of probation dealt with failing to keep adequate records and failing to meet the minimum standard of care. If you have not yet attended a BOD meeting, it is suggested that you take the opportunity to attend and see the work of the BOD. It is much better to be a spectator than a participant in BOD disciplinary cases.

The next BOD meeting is scheduled for Friday, May 17 at 7:30 a.m. EDT in Orlando.

Today's FDA - March/April 2019