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Florida Board of Dentistry 1 Meeting Minutes August 13, 2021
BOARD OF DENTISTRY GENERAL BUSINESS MEETING DRAFT MINUTES
August 13, 2021 Sheraton Orlando North
600 N, Lake Destiny Road Maitland, FL 32751
(407) 660-9000 7:30 A.M. ET
Participants in this public meeting should be aware that these proceedings are being recorded
and that an audio file of the meeting will be posted to the board's website.
I. CALL TO ORDER/ROLL CALL
MEMBERS PRESENT STAFF PRESENT Nick White, DMD, Chair Jessica Sapp, Executive Director Fabio Andrade, Consumer Member, Vice Chair Paulette Schofill, Program Administrator T.J. Tejera, DMD, MD Claudio Miro, DDS Karyn Hill, CRDH, BS Bradley Cherry, DDS, MD Christine Bojaxhi, DMD BOARD COUNSEL Thomas McCawley, DDS Lawrence Harris Jose Mellado, DMD Senior Assistant Attorney General Angela Johnson, RDH PROSECUTION SERVICES UNIT COURT REPORTER Andrew Pietrylo, Chief Legal Counsel American Court Reporting Rose Garrison, Assistant General Counsel Cindy Green Mohamed Cheikhali, Assistant General 407-896-1813 Counsel
Dr. Cherry read the Department of Health’s mission: To protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts.
II. DISCIPLINARY PROCEEDINGS
A. Informal Hearings
i. Brian H. Gross, DDS, Case No. 2020-11200
(PCP – Miro, Cherry, Morgan)
Dr. Miro and Dr. Cherry were recused due to participation on the probable cause panel.
Dr. Gross was present. He was represented by Ed Bayo, Esq.
Motion by: Dr. Tejera to dismiss
Florida Board of Dentistry 2 Meeting Minutes August 13, 2021
Second: Dr. White Vote: Unanimous
Respondent’s attorney agrees to waive attorney costs and fees.
B. Settlement Agreements
i. Akmal Ahmed, DDS, Case No. 2018-13620 (PCP – Miro, Britten, Cabanzon)
Dr. Miro was recused due to participation on the probable cause panel. Dr. Ahmed was present and was sworn in by the court reporter. He was represented by Christopher Clark, Esq. Mr. Cheikhali summarized the case for the Board. Respondent was charged with the following violations: Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by failing to recognize the presence pf a retained distobuccal root on tooth 14 at the time of extraction and/or subsequent appointments; by failing to properly identify the oroantral fistula subsequent to extracting tooth 14; and/or by paying, or having paid put on his behalf, an indemnity on the amount of $55,000 as a result of negligent conduct on the part of the Respondent.
A Settlement Agreement was presented to the Board with the following terms:
• Appearance
• Letter of Concern
• Fine of $2,500 to be paid within two (2) years of the filing of the Final Order
• Costs in the amount of $3,875.75 to be paid within two (2) years of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida (SA does not say Florida) accredited college of dentistry within 12 months: Level I (3-6 hour) course in Oral Surgery
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken: Motion by: Dr. Tejera to accept the Settlement Agreement Second: Ms. Hill Vote: Unanimous
ii. Lloyd E. Beaufils, DDS, Case No. 2020-03485
(PCP – Miro, Cherry, Morgan)
Dr. Miro and Dr. Cherry were recused due to participation on the probable cause panel.
Dr. Beaufils was present and was sworn in by the court reporter. He was represented by Richard Brooderson, Esq.
Florida Board of Dentistry 3 Meeting Minutes August 13, 2021
Mr. Cheikhali summarized the case for the Board. Respondent was charged with the following violations: Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by placing the 3.2mmD by 10 mmL with a 3.0 mmD platform implant in the area of tooth #7 without adequate bone requirements; by placing implant in the area of tooth #7 outside health soft-tissue; by placing implant an angle greater than 33 degrees; by failing to diagnose the improper placement of tooth #7; and/or, by paying an indemnity in excess of $25,000 as a result of Respondent’s negligent conduct of his placement of implant.
A Settlement Agreement was presented to the Board with the following terms:
• Appearance
• Letter of Concern
• Fine of $7,500 to be paid within one (1) year of the filing of the Final Order
• Costs in the amount of $5,780.12 to be paid within one (1) year of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida (SA does not say Florida) accredited college of dentistry within 12 months: Level I (3-6 hour) course in Crown and Bridge, Level II (7-12 hour) course in Implants, Level II (7-12 hour) course in Diagnosis and Treatment Planning
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken:
Motion by: Dr Tejera to accept the Settlement Agreement Second: Ms. Hill Vote: Unanimous
iii. Renato Aves, DDS, Case No. 2018-11038
(PCP – Miro, Cherry, Morgan)
Dr. Miro and Dr. Cherry were recused due to participation on the probable cause panel.
Dr. Aves was present and was sworn in by the court reporter. He was represented by Chase Boswell, Esq.
Mr. Cheikhali summarized the case for the Board. Respondent was charged with the following violations: Count I: Section 466.028(1)(x), Florida Statutes Florida by failing to administer any reversal agents at any time to Patient after Patient developed respiratory problems after being administered moderate sedation drugs. Count II: Section 466.028(1)(mm) Florida Statutes, by failing to document the sequence of the drugs administered; and/or what times Respondent administered the drugs at.
A Settlement Agreement was presented to the Board with the following terms:
Florida Board of Dentistry 4 Meeting Minutes August 13, 2021
• Appearance
• Letter of Concern
• Fine of $10,000 to be paid within one (1) year of the filing of the Final Order
• Costs in the amount of $3,300.00 to be paid within one (1) year of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida accredited college of dentistry within 12 months: Level I (3-6 hour) course in Airway Management, Level II (7-12 hour) course in Medical Emergencies, Level I (3-6 hour) course in Anesthesia
• Successful completion of a three-semester hour course in Ethics to be completed at or through (online) any accredited college or university within twelve (12) months of the filing of the Final Order
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken: Motion by: Dr. Tejera to reject the Settlement Agreement Second: Dr. White Vote: Unanimous Motion by: Dr. Tejera proposed a counter Settlement Agreement to include all original terms with the addition of Pediatric Anesthesia Simulation Course and quarterly team mock emergency drills for 2 years. Second: Mr. Andrade Vote: Unanimous Dr. Whit asked for a Friendly Amendment to include a $10,000 fine on both counts. Accepted by Dr. Tejera Second: Mr. Andrade Vote: Unanimous Dr. Aves accepted the new Settlement Agreement on the record.
iv. Hector Briceno, DMD, Case No. 2018-05247 (PCP – Miro, Morgan, Cherry)
Dr. Miro and Dr. Cherry were recused due to participation on the probable cause panel. Dr. Briceno was present and was sworn in by the court reporter. He was represented by Michael Ragan, Esq. Ms. Garrison summarized the case for the Board. Respondent was charged with the following violations: Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by having an indemnity paid in the amount of $67,000.00 as a result of negligent conduct on the part of the Respondent.
A Settlement Agreement was presented to the Board with the following terms:
Florida Board of Dentistry 5 Meeting Minutes August 13, 2021
• Appearance
• Letter of Concern
• Fine of $6,000 to be paid within eighteen (18) months of the filing of the Final Order
• Costs in the amount of $4,794.87 to be paid within eighteen (18) months of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida accredited college of dentistry within 12 months: Level I (3-6 hour) course in Pharmacology, Level III (13-18 hour) course in Implants
• Successful completion of a three-semester hour course in Ethics to be completed at or through (online) any accredited college or university within twelve (12) months of the filing of the Final Order
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken:
Motion by: Dr. Mellado to dismiss Second: Dr. Tejera Vote: 4/4. Dr. White, Ms. Hill, Dr. Bojaxhi, and Mr. Andrade opposed. Motion by: Mr. Andrade to accept the Settlement Agreement Second: Ms. Hill Vote: 6/2 Motion carried. Dr. Tejera and Dr. Mellado opposed.
v. Harris L. Rittenberg, DMD, Case No. 2016-09153
(PCP/1-11-19 – Fatmi, Morgan, White)
(PCP/5-5-21 – Miro, Morgan, McCawley)
Dr. Miro, Dr. White, and Dr. McCawley were recused due to participation on the probable cause panel.
Dr. Rittenberg was present and was sworn in by the court reporter. He was represented by Ed Bayo, Esq.
Ms. Garrison summarized the case for the Board. Respondent was charged with the following violations: Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by using a panoramic x-ray over three years old to diagnose and plan implant treatment; by placing the implants in the area of tooth 5 with the screw access too far to the buccal side of patient’s occlusal surface; by placing the implants in the areas of teeth 18 and 19 with the screw access too far to the lingual side of patient’s occlusal surface; by placing the implants in the area of tooth 5 less than one millimeter apart; by placing the implants in the area of tooth 18 less than one millimeter apart; and/or paying or having paid on their behalf, an indemnity of $85,000 to patient in settlement as a result of negligent conduct on the part of the Respondent.
A Settlement Agreement was presented to the Board with the following terms:
• Appearance
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• Letter of Concern
• Fine of $5,000 to be paid within ninety (90) days of the filing of the Final Order
• Costs in the amount of $5,000 to be paid within ninety (90) days of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida accredited college of dentistry within 12 months: Level II (7-12 hour) course in Prosthodontics, Level II (7-12 hour) course in Diagnosis and Treatment Planning
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken:
Motion by: Dr. Tejera to accept the Settlement Agreement Second: Dr. Cherry Vote: Unanimous
vi. Vincent Dolce, DMD, Case No. 2019-18265
(PCP – Miro, Morgan, Perdomo) Dr. Miro was recused due to participation on the probable cause panel. Dr. Dolce was not present. He was represented by Michael D’Lugo, Esq. Ms, Garrison summarized the case for the Board. Respondent was charged with the following violations: Count I: Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by attempting to remove the retained root in the area of tooth 17, which was present for more than 20 years, was asymptomatic, and demonstrated no cystic activity; by removing an excessive amount of bone when attempting to remove the retained root in the area of tooth 17; and/or having paid, or having paid on Respondent’s behalf, an indemnity in the amount of $62,500, as a result of Respondent’s negligence. Count II: Section 466.028(1)(m), Florida Statutes, for failing to keep written dental records and medical history records justifying the course of treatment by failing to document sufficient information to justify the treatment of the extraction of the retained root in the area of tooth 17.
A Settlement Agreement was presented to the Board with the following terms:
• Reprimand
• Costs in the amount of $3,341.12 to be paid within one (1) year of the filing of the Final Order.
• Suspension of license until such time as Respondent presents himself at one of the Board’s regularly scheduled Board meetings and petitions the Board for reinstatement.
After discussion, the following action was taken: Motion by: Mr. Andrade to accept the Settlement Agreement Second: Dr. White Vote: Unanimous
vii. Jonathan Preble, DMD, Case No. 2018-11125
Florida Board of Dentistry 7 Meeting Minutes August 13, 2021
(PCP – Miro, Morgan, Cherry)
Dr. Miro and Dr. Cherry were recused due to participation on the probable cause panel. Dr. Preble was present and was sworn in by the court reporter. He was presented by Todd Smayda, Esq. Ms. Garrison summarized the case for the Board. Respondent was charged with the following violations: Count I: Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by having an indemnity paid in the amount of $637,500.00 as a result of negligent conduct on the part of the Respondent.
A Settlement Agreement was presented to the Board with the following terms:
• Appearance
• Letter of Concern
• Fine of $7,500 to be paid within ninety (90) days of the filing of the Final Order
• Costs in the amount of $4,121.27 to be paid within ninety (90) days of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida accredited college of dentistry within 12 months: Level II (7-12 hour) course in Diagnosis and Treatment Planning, Level III (13-18 hour) course in Endodontics, Level I (3-6 hour) course in Oral Surgery.
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken: Motion by: Mr. Andrade to accept the Settlement Agreement Second: Dr. White Vote: Unanimous
viii. Jorge O. Hernandez, DDS, Case No. 2018-07046 (PCP – Fatmi, Britten, Morgan)
Dr. Cherry was recused due to participation in probable Cause Panel. Dr. Miro was recused due to treating the patient. Dr. Hernandez was present and was sworn in by the court reporter. He was represented by Stephanie Kaufer, Esq. Mr. Cheikhali summarized the case for the Board. Respondent was charged with the following violations: Count I : Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by taking impressions for a fixed-bridge six days after extraction of tooth 14. Count II: Section 466.028(1)(m), Florida Statutes, for failing to keep written dental records and medical history records justifying the course of treatment by failing to document sufficient information to justify the treatment by failing to document the use of anesthetic during the crown preparation procedure that occurred on tooth 31; by failing to justify the post, core, and crown preparation procedure that occurred on tooth 14; and/or failing to document the
Florida Board of Dentistry 8 Meeting Minutes August 13, 2021
use of anesthetic during the taking of impressions for the bridge spanning teeth 13 through 15. A Settlement Agreement was presented to the Board with the following terms:
• Appearance
• Letter of Concern
• Fine of $10,000 to be paid within one (1) year of the filing of the Final Order
• Costs in the amount of $3,995.85 to be paid within one (1) year of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida (SA does say Florida) accredited college of dentistry within 12 months: Level III (13-18 hour) course in Crown and Bridge, Level III (13-18 hour) course in Diagnosis and Treatment Planning
• Successful completion of a three-semester hour course in Ethics to be completed at or through (online) any accredited college or university within twelve (12) months of the filing of the Final Order
• Patient reimbursement in the amount of $3,000.00. Proof of payment, accompanied by copies of the invoices, must be made to the Compliance Officer within one (1) year of the filing of the Final Order
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken: Motion by: Dr. Tejera to accept the Settlement Agreement Second: Ms. Hill Vote: Unanimous
ix. Jorge O. Hernandez, DDS, Case No. 2020-07741 (PCP – Morgan, Cherry)
Dr. Cherry was recused due to participation in probable Cause Panel. Dr. Miro was recused due to treating the patient. Dr. Hernandez was present and was sworn in by the court reporter. He was represented by Stephanie Kaufer, Esq. Mr. Cheikhali summarized the case for the Board. Respondent was charged with the following violations: Count I : Section 466.028(1)(x), Florida Statutes Florida by failing to meet the minimum standards of performance in diagnosis and treatment by failing to adequately seat and verify the fit of the bridge cemented on teeth 3 through 14 so as to avoid open margins; by failing to place the bridge he cemented on teeth 3 through 14 to avoid violating patient’s biologic width; by failing to diagnose the lack of necessary tooth structure or ferrule effect for the proper resistance and retention of the bridge; and/or payment of an indemnity on excess of $25,000. A Settlement Agreement was presented to the Board with the following terms:
• Appearance
• Letter of Concern
Florida Board of Dentistry 9 Meeting Minutes August 13, 2021
• Fine of $10,000 to be paid within one (1) year of the filing of the Final Order
• Costs in the amount of $3,655.42 to be paid within one (1) year of the filing of the Final Order
• Continuing Education to be completed in person at or through a Florida (SA does not say Florida) accredited college of dentistry within 12 months: Level III (13-18 hour) course in Crown and Bridge, Level III (13-18 hour) course in Diagnosis and Treatment Planning
• Successful completion of a three-semester hour course in Ethics to be completed at or through (online) any accredited college or university within twelve (12) months of the filing of the Final Order
• Patient reimbursement in the amount of $3,000.00. Proof of payment, accompanied by copies of the invoices, must be made to the Compliance Officer within one (1) year of the filing of the Final Order
• Successful completion of the Laws and Rules exam within twelve (12) months of the filing of the Final Order
After discussion, the following action was taken: Motion by: Dr. Tejera to accept the Settlement Agreement Second: Ms. Hill Vote: Unanimous
C. Voluntary Relinquishment
i. Nicole Lynn Montalbano, DH, Case No. 2021-06826
(PCP - Waived)
Ms. Montalbano was not present.
Motion: by Dr. Tejera to accept Second: Dr. Cherry Vote: Unanimous
ii. Aury Arroyo Lourenco, DH, Case No. 2020-31327
(PCP – Miro, Cherry, Hill)
Dr. Miro and Dr. Cherry were recused due to participation on the probable cause panel.
Ms. Lourenco was not present.
Motion: by Dr. Tejera to accept Second: Dr. White Vote: Unanimous
iii. Ivan Graham, DDS, Case No. 2017-11704
(PCP – Miro, Morgan, Calderone)
Dr. Miro was recused due to participation on the probable cause panel.
Dr. Graham was present and was represented by Michael Ragan, Esq.
Motion: by Dr. Tejera to accept
Florida Board of Dentistry 10 Meeting Minutes August 13, 2021
Second: Dr. Cherry Vote: Unanimous
III. PROSECUTION REPORT
A. Andrew Pietrylo, Chief Legal Counsel
Mr. Pietrylo presented the Board with the current status of Board cases.
Legal Case Status Report
Date 2/19/2021
Report
Date 5/21/2021
Report
Date 8/13/2021
Total cases open/active in
Prosecution Services:
182 192 208
Cases in intake status: 0 0 0
Cases in holding status: 0 0 2
Cases in Emergency Action Unit:
2 4 2
Cases under legal review: 94 105 131
Cases awaiting supplemental
investigation:
3 11 2
Cases with PCP
recommendation:
36 36 29
Total cases where probable cause has been found:
49 51 46
Cases pending before DOAH: 0 1 1
Cases agendaed for current
or future Board meeting:
17 15 13
Cases pending before Appeals Court:
0 1 0
Cases a year or older from
legal review:
81 81 72
Motion: by Dr. Tejera to continue prosecuting year and older cases Second: Dr. White Vote: Unanimous
IV. RESPONDENT’S MOTION FOR RECONSIDERATION AND REHEARING
A. Tatyana Stepanchuck, DMD
Case No. 2018-00406
Dr. Stepanchuk was not present. She was represented by George Indest, Esq.
Respondent’s counsel filed a Motion for Continuance of her previously filed Motion for Reconsideration and Rehearing and Motion to Stay her costs and fees. The Board chair
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considered the Motion for continuance, which was granted prior to the meeting. The Motion for Stay of Costs and Fees must be heard by the full board.
After discussion, the following action was taken: Motion by: Dr. Miro to deny the Motion for Stay of Costs and Fees Second: Dr. Tejera Vote: Unanimous
V. PETITION FOR MODIFICATION OF FINAL ORDER
A. Ivan Graham, DDS
Case No. 2018-07212
Dr. Graham was present and was sworn in by the court reporter. He was represented by Michael Ragan, Esq.
On July 7, 2021, Dr. Graham made a request to modify his Final Order on Case No. 2018-07212. The Final Order required him to pay a fine of $8,000 and costs of $931.88 within eighteen months of the filing on the Final Order. He is requesting that the Board dismiss/rescind the Administrative fine and costs totaling $8.931.88.
After discussion, the following action was taken:
Motion: by Mr. Andrade to reject the Petition Second: Dr. Cherry Vote: 9/1 Motion carried. Dr. McCawley opposed.
B. Jasen Genninger, DMD
Case No. 2018-02149
Dr. Genninger was not present. He was represented by Kenneth Scaz, Esq.
On June 17, 2021, Dr. Genninger made a request to modify his Final Order on Case Nos. 2018-02149 and 2021-11130. The Final Order required him to complete an in person three-credit hour course on Ethics at a Florida college or university. He is requesting an extension and guidance to satisfy this requirement.
After discussion, the following action was taken:
Motion: by Dr. Miro to accept and modify the Final Order to clarify the Ethics course requirement as a three-semester hour course in Ethics to be completed at or through (online) any accredited college or university and to extend the deadline for completion to May 31, 2022. Second: Dr. Tejera Vote: Unanimous
C. Lauren Kravitz, DDS
Florida Board of Dentistry 12 Meeting Minutes August 13, 2021
Case No. 2015-26021
Dr. Kravitz was not present. She was represented by Lance Leider, Esq.
On May 14, 2021, Dr. Kravitz made a request to modify her Final Order on Case No. 2015-26021. The Final Order required her to pay a fine in the amount of $4,000 and costs in the amount of $5,530.74 within twelve (12) months of the filing of the Final Order. She is requesting that Board either waive the outstanding amounts, or alternatively, extend the time to pay until December 31, 2021.
Respondent’s attorney stated that payment for fines and costs had been sent to the Department.
After discussion, the following action was taken:
Motion: by Mr. Andrade to allow an additional sixty days (60) to complete the Florida Laws and Rules contingent on payment being received, Second: Dr. Miro Vote: Unanimous
D. Eric Schuetz, DDS
Case No. 2013-10819
Dr. Schuetz was not present. He was represented by Gary Glasser, Esq.
On June 18, 2021, Dr. Schuetz made a request to modify his Final Order on Case Nos. 2013-10819 and 2021-10848. The Final Order required him to complete an in person three-credit hour course on Ethics at a Florida college or university. He is requesting that the Board accept a three-hour Dental Ethics course completed with Elite Professional Education, LLC to satisfy the requirement of the Final Order.
After discussion, the following action was taken:
Motion: by Dr. Tejera to reject and extend the deadline for completion of the Ethics course. Dr. Schutz will have until May 31, 2022 to complete a three-semester hour course in Ethics to be completed at or through (online) any accredited college or university. Second: Dr. White Vote: Unanimous
VI. PETITION FOR VARIANCE OR WAIVER OF RULE
i. Michael Abdelmalik, DDS
Dr. Abdelmalik was present. He has filed a Petition for Variance or Waiver of Rule requesting the Board to accept his ADEX scores, even though they were completed outside of the 18-month requirement.
a. Petition of Rule 64B5-2.013, F.A.C.
After discussion, the following action was taken:
Florida Board of Dentistry 13 Meeting Minutes August 13, 2021
Motion: by Dr. Cherry to reject Petition Second: Mr. Andrade Vote: Unanimous
VII. REVIEW OF APPLICATIONS
A. Application for Dental License
i. Michael Kutsyk
Dr. Kutsyk was present and was sworn in by the court reporter. He was not represented by counsel. His appearance was requested due to pending civil litigation in another state. After further discussion, the following action was taken: Motion: by Dr. Tejera to accept the application Second: Dr. Miro Vote: Unanimous
B. Application for General Sedation Permit
i. Matthew Green
Dr. Green was present and was sworn in by the court reporter. He was represented by Michael Ragan, Esq. His appearance was requested due to prior discipline history in another state.
After further discussion, the following action was taken: Motion: by Mr. Andrade to approve the application contingent upon the completion of PALS within forty-five (45) days and a Patient Management or Ethics Course to be completed by May 31, 2022. Second: Dr. White Vote: Unanimous
C. Application for License Reactivation
i. Charlotte Bonelli
Ms. Bonelli was present and was sworn in by the court reporter. She was not represented by Counsel. Ms. Bonelli applied for reactivation of an inactive dental hygiene license on June 17, 2021. Ms. Bonelli changed her license status to inactive on March 7, 2016. She has completed all required CE and paid the reactivation fee. Ms. Bonelli has indicated that she has not been engaged in activities related to dental hygiene since her license was set to inactive status. After discussion, the following action was taken: Motion: by Dr. McCawley to accept the application Second: Dr. Mellado Vote: Unanimous
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VIII. REPORTS
A. Board Counsel
i. Rules Report Mr. Harris provided the Board with a current status of the rules currently in process.
ii.JAPC Correspondence
a. Rule 64B5-14.0025, F.A.C. 64B5-14.0025 Application for Permit.
(1) through (3) No Change.
(4) An application for a general anesthesia permit must include:
(a) Completed Application for General Anesthesia Permit, Form DH-MQA-1205 (0805/2021), incorporated
herein by reference and available at http://www.flarules.org/Gateway/reference.asp?No= , or available on the
Board’s website at http://www.floridadentistry.gov;
(b) the application fee specified in Rule 64B5-15.017, F.A.C., which is non-refundable;
(c) the permit fee specified in Rule 64B5-15.018, F.A.C., which may be refunded if the application is denied
without inspection of the applicant’s facilities; and
(d) evidence indicating compliance with all the provisions of this chapter; and
(e) identification of the location or locations at which the licensee desires to be authorized to use or employ
general anesthesia or deep sedation.
(5) An application for a moderate sedation permit must include:
(a) Completed Application for Moderate Sedation Permit, Form DH-MQA-1204 (0805/2021), incorporated
herein by reference and available at http://www.flarules.org/Gateway/reference.asp?No= , or available on the
Board’s website at http://www.floridadentistry.gov;
(b) the application fee specified in Rule 64B5-15.017, F.A.C., which is non-refundable;
(c) the permit fee specified in Rule 64B5-15.018, F.A.C., which may be refunded if the application is denied
without inspection of the applicant’s facilities; and;
(d) evidence indicating compliance with all the provisions of this chapter; and
(e) identification of the location or locations at which the licensee desires to be authorized to use or employ
moderate sedation.
(6) An application for a pediatric moderate sedation permit must include:
(a) Completed Application for Pediatric Moderate Sedation Permit, Form DH-MQA-1203 (0805/2021),
incorporated herein by reference and available at http://www.flarules.org/Gateway/reference.asp?No= , or available
on the Board’s website at http://www.floridadentistry.gov;
(b) the application fee specified in Rule 64B5-15.017, F.A.C., which is non-refundable;
(c) the permit fee specified in Rule 64B5-15.018, F.A.C., which may be refunded if the application is denied
without inspection of the applicant’s facilities; and
(d) evidence indicating compliance with all the provisions of this chapter; and
(e) identification of the location or locations at which the licensee desires to be authorized to use or employ
moderate sedation.
(7) through (8) No Change.
Rulemaking Authority 466.004, 466.017(3), 466.017(6) FS. Law Implemented 466.017 FS. History–New 3-10-20,___________.
Motion: by Dr. Tejera to accept the proposed changes. Second: Mr. Andrade Vote: Unanimous
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The Board found there was no economic impact, that no part of this rule or a violation of this rule should be designated as a minor violation, that this rule shall not include a sunset provision. and that a Statement of Regulatory Cost was not necessary and will not need legislative ratification
b. Rules 64B5-15.015 and .022, F.A.C. Technical changes – no action required by the Board.
c. Rule 64B5-17, F.A.C. Motion: by Dr. Tejera to allow Mr. Harris to draft proposed language and bring back to the board in November. Second: Mr. Andrade Vote: Unanimous
iii. Annual Regulatory Plan
Motion: by Dr. Tejera to delegate authority to the Chair and Board counsel to approve Second: Mr. Andrade
Vote: Unanimous
iv. Georgia Board of Dentistry Case
v. Executive Order on Promoting Competition in the American Economy
B. Executive Director
i. Unlicensed Activity Liaison
Dr. Tejera agreed to serve as the Unlicensed Activity Liaison for the Board of Dentistry. Going forward, the Board chair will appoint an Unlicensed Activity Liaison.
ii. Financial Reports
Ms. Sapp provided the financial reports to the Board for informational purposes.
C. Chair
i. ADEX Annual Committee Meeting Report
Report from the ADEX Annual Committee Meeting was provided to the Board for informational purposes.
Annual meeting was held in Chicago on August 6 -7, 2021. Dr. Fatmi and Catherine Cabanzon attended representing Florida.
• House or representatives meeting shared that all but 1 state either give or accept the ADEX licensing exam
ADEX DH Committee meeting on Saturday August 7th, 2021
• Discussed the changes that were made to the 2020 manikins regarding calculus and adding
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points for soft and hard tissue damage
• The manikins are going to be updated for the 2022 exam year making the enamel harder and improve on the characteristics of the calculus
• Comparison in the pass rate of the life patient- based exam to the 2121 manikin exam are similar
• Most states will continue to give the Manikin exam, there are very few states that require by statue a live patient licensing exam.
• A few changes in the grading criteria will be implemented for the 2022 exam year such as: o
o Removing bonus points for no tissue damage and only giving penalty points
o Both live and manikin exam will have 4 teeth with 6 surfaces for detection
D. Board Members
i. Ms. Hill
1. Council on Dental Hygiene Report
Ms. Hill provided a report from the July 13, 2021 Council on Dental Hygiene Meeting. During the July meeting, the Council voted to petition the board to define the characteristics they wanted to
see in the laser study. Mr. Harris, Board Counsel cautioned the Board that they did not have
legal authority and should not opine on parameters for the study.
E. Inspection Report
i. Ron Dilworth
Mr. Dilworth provided the Board with an overview of the dental sedation program. The program has completed 380 inspections this year since January 1, 2021. He also stated that two additional inspectors had been hired.
IX. RULES DISCUSSION
i. Rule 64B5-12.013, F.A.C.
This rule language was previously approved by the Board at the February 21, 2020 meeting.
64B5-12.013 Continuing Education Requirements; Specific Continuing Education Course
Requirements; and Cardiopulmonary Resuscitation (CPR) Certification.
(1) – (5) No Change
(6) Award of Continuing Education Credit: Continuing education credit shall be awarded only for
educational experiences that are specifically appropriate for, and contain useful information directly
pertinent to, dentistry or dental hygiene and only if received through the following methods:
(a) No Change.
(b) By taking courses offered by:
1. – 7. No Change.
8. The American Academy of Dental Hygiene.
(c) – (i) No Change
After discussion, the following action was taken.
Florida Board of Dentistry 17 Meeting Minutes August 13, 2021
Motion: by Ms. Hill to accept the AADH as a rule approved CE provider and to add them to the
rule.
Second: Mr. Andrade
Vote: Unanimous
The Board found there was no economic impact, that no part of this rule or a violation of this rule
should be designated as a minor violation, that this rule shall not include a sunset provision.
and that a Statement of Regulatory Cost was not necessary and will not need legislative
ratification
ii. Disciplinary Guidelines
Effective July 1, 2021, Chapters 2021-190 and 2021-199, Laws of Florida created two new disciplinary violations in Section 456.072. Accordingly, the Board’s Disciplinary Guidelines must be amended to include a penalty range for licensees found guilty of violating one of these new statutory sections.
VIOLATION PENALTY RANGE
MINIMUM MAXIMUM TELEHEALTH
REGISTRANT
MINIMUM
TELEHEALTH
REGISTRANT
MAXIMUM
(kkk) Failure to comply
with the parental
consent requirements of
s. 1014.06.
(Section 456.072(1)(rr),
F.S.)
First Offense Letter of
Concern.
Reprimand and
$500 fine.
Reprimand. One (1) month
suspension.
Second Offense Reprimand
and $250
fine.
Probation with
conditions.
One (1) month
suspension.
Six (6) month
suspension.
Third or Subsequent
Offense
Probation
with
conditions
and $2,500
fine.
One (1) year
suspension and
$5,000 fine.
One (1) year
suspension.
Denial or
revocation of
License.
(lll) Convicted / guilty of
crime enumerated in
456.074(5), F.S. or a
similar offense.
(Section 456.072(1)(ss),
F.S.)
First Offense Denial or
revocation
Denial or
revocation of
Denial or
revocation of
Same.
Florida Board of Dentistry 18 Meeting Minutes August 13, 2021
of license. license and
$5,000 fine.
license.
Second or Subsequent
Offense
Denial or
revocation
of license
and $2,500
fine.
Denial/revocati
on of license
and $10,000
fine.
Denial or
revocation of
license.
Same.
After discussion, the following action was taken: Motion: by Dr. White to accept the proposed language. Second: Dr. Tejera Vote: Unanimous The Board found there was no economic impact, that no part of this rule or a violation of this rule should be designated as a minor violation, that this rule shall not include a sunset provision. and that a Statement of Regulatory Cost was not necessary and will not need legislative ratification The Legislature allows for a person who is licensed in another state and providing telehealth services in Florida to be disciplined for committing a violation in Florida. Telehealth guidelines were not previously added to rule.
64B5-13.005 Disciplinary Guidelines.
(1) When the Board finds an applicant, licensee, or certificate holder, or telehealth registrant whom it regulates
under chapter 466, F.S., has committed any of the acts set forth in section 456.072(1), or 466.028, or 456.47,
F.S., it shall issue a final order imposing appropriate penalties as recommended in these disciplinary
guidelines. For any violation found that is for fraud or making a false or fraudulent representation, the Board
will impose a fine of $10,000.00 per count or offense. The use of terms to describe the offenses herein within
the individual guidelines is intended to be only a generally descriptive use of the terms. For an accurate
description of the actual offenses, the reader should refer to the statutory disciplinary provisions. The
maximum penalties set forth in any individual offense guideline include all of the less severe penalties that
would fall in between the maximum and the minimum penalties stated. For telehealth registrants, a
suspension may be accompanied by a corrective action plan that addressees the conduct which resulted in the
underlying disciplinary violations. The Board may require a corrective action plan be completed prior to
reinstatement of the suspended registration or the corrective action plan may follow a suspension for a
definite term.:
VIOLATION PENALTY RANGE
MINIMUM MAXIMUM TELEHEALTH
REGISTRANT
MINIMUM
TELEHEALTH
REGISTRANT
MAXIMUM
(a) Attempting to obtain,
obtaining or renewing a
license by bribery,
Florida Board of Dentistry 19 Meeting Minutes August 13, 2021
fraudulent
misrepresentations or
error of the Board.
(Sections 466.028(1)(a),
456.072(1)(h), F.S.)
First Offense Denial $500
fine and
referral to State
Attorney’s
office if not
licensed.
Denial/revocation
$10,000 fine and
referral to State
Attorney’s office
if not licensed.
Denial of
Application.
Revocation or
Denial of
Application.
Second Offense Probation with
conditions
$500 fine.
Revocation
$10,000 fine
permanent denial
and revocation.
Revocation or
Denial
Same.
(b) Having a license to
practice dentistry or
dental hygiene revoked,
suspended, or otherwise
acted against, including
the denial of licensure,
by the licensing
authority of another
state, territory, or
country.
(Sections 466.028(1)(b),
456.072(1)(f), F.S.)
First Offense $1,000 fine. Suspension/denial
until the license is
unencumbered and
active in the
jurisdiction in
which the
disciplinary action
was originally
taken, or up to five
years followed by
probation and
$10,000 fine or
revocation.
Letter of
Reprimand.
One (1) year
Suspension or
Denial of
Application.
Second Offense Imposition of
discipline
which would
have been
imposed if the
substantive
violation
occurred in
Suspension until
the license is
unencumbered in
the jurisdiction in
which disciplinary
action was taken
and $10,000 fine.
One (1) month
suspension.
Three (3) year
Suspension.
Florida Board of Dentistry 20 Meeting Minutes August 13, 2021
Florida.
Probation and
$1,000 fine.
Third Offense One year
suspension
followed by
probation and
$5,000 fine.
Revocation and
permanent denial
and $10,000 fine.
One (1) year
suspension.
Revocation.
(c) Guilty of a crime
directly relating to
practice or ability to
practice.
(Sections 466.028(1)(c),
456.072(1)(c), F.S.)
First Offense $1,000 fine. Denial or 2 years
suspension, 2
years probation
with conditions
and $10,000 fine,
or revocation.
One (1) month
Suspension
Three (3) year
Suspension or
Denial of
Application.
Second Offense One year
suspension
followed by
probation and
$1,000 fine.
Denial or
revocation and
$10,000 fine, with
conditions.
Six (6) month
Suspension.
Revocation
Third Offense Revocation and
$2,500 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension
Revocation
(d) Advertising goods or
services in a manner
which is fraudulent,
false, deceptive, or
misleading in form.
(Section 466.028(1)(d),
F.S.)
First Offense $500 fine. 1 year probation
with conditions
and $10,000 fine.
One (1) month
Suspension
One (1) year
Suspension or
Denial of
Application..
Second Offense 1 year
probation with
conditions and
$3,000 fine.
1 year suspension
2 years probation
with conditions
and $10,000 fine.
Six (6) month
Suspension.
Eighteen (18)
month Suspension.
Third Offense 2 years
probation with
conditions and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension
Revocation
(e) Advertising,
practicing, or attempting
Florida Board of Dentistry 21 Meeting Minutes August 13, 2021
to practice under a name
other than one’s own.
(Section 466.028(1)(e),
F.S.)
First Offense $1,000 fine. 1 year suspension
and $10,000 fine.
Reprimand One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$3,000 fine.
Denial or
revocation and
$10,000 fine.
Six (6) month
Suspension
Revocation
Third Offense Probation with
conditions and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(f) Failing to report any
person in violation of
this chapter or of the
rules of the department
or the board.
(Sections 466.028(1)(f),
456.072(1)(i), F.S.)
First Offense $500 fine. 1 year probation
with conditions
and $1,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense 1 year
probation with
conditions and
$1,000 fine.
6 months
suspension, 1 year
probation with
conditions and
$3,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense 1 year
probation with
conditions and
$3,000 fine.
1 year suspension,
1 year probation
with conditions
and $5,000 fine.
One (1) year
Suspension.
Revocation.
(g) Aiding, assisting,
procuring, or advising
any unlicensed person to
practice dentistry or
dental hygiene.
(Sections 466.028(1)(g),
456.072(1)(j), F.S.)
First Offense $1,000 fine. 6 months
suspension, 1 year
probation with
conditions and
$10,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense 1 year
suspension, 2
2 years
suspension, 2
Six (6) month
Suspension.
Revocation.
Florida Board of Dentistry 22 Meeting Minutes August 13, 2021
years probation
with conditions
and $5,000
fine.
years probation
with conditions
and $10,000 fine.
Third Offense 2 years
suspension
followed by 2
years probation
with conditions
and $10,000
fine.
Denial/revocation
and $10,000 fine.
One (1) year
Suspension.
Revocation.
(h) Being employed by
any corporation,
organization, group, or
person other than a
dentist or a professional
corporation or limited
liability company
composed of dentists to
practice dentistry.
(Section 466.028(1)(h),
F.S.)
First Offense $1,000 fine. 2 years probation
with conditions
and up to
suspension, and
$10,000 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense 1 year
probation with
conditions,
reprimand and
$3,000 fine.
Suspension, 1 year
probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense 1 year
suspension,
reprimand and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(i) Failing to perform
any statutory or legal
obligation placed upon a
licensee.
(Sections 466.028(1)(i),
456.072(1)(k), F.S.)
First Offense $500 fine. 2 years probation
with conditions
and $10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense 1 year
probation with
2 years probation
with conditions
Six (6) month
Suspension.
One (1) year
Suspension.
Florida Board of Dentistry 23 Meeting Minutes August 13, 2021
conditions and
$1,000 fine.
and $10,000 fine.
Third Offense 2 years
probation with
conditions and
$2,000 fine.
1 year suspension
and $10,000 fine.
One (1) year
Suspension.
Revocation.
(j) Making or filing a
false report, failing to
file a report or record
required by state or
federal law, knowingly
impeding or obstructing
such filing.
(Sections 466.028(1)(j),
456.072(1)(l), F.S.)
First Offense $1,000 fine. 1 year probation
with conditions
and up to
suspension, and
$10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense 1 year
probation with
conditions and
$2,500 fine.
Suspension,
probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense 2 years
probation with
conditions and
$5,000 fine.
Denial/revocation
and $10,000 fine.
One (1) year
Suspension.
Revocation.
(k) Sexual battery, as
defined in chapter 794,
F.S., upon a patient.
(Section 466.028(1)(k),
F.S.)
First Offense 6 months
suspension
followed by
probation and
$2,500 fine.
Denial or
revocation and
$10,000 fine.
Denial or
Revocation.
Same.
Second or Subsequent
Offense
5 years
suspension
followed by
probation with
conditions and
$5,000 fine.
Denial/revocation
and $10,000 fine.
Denial or
Revocation.
Same.
(l) Making deceptive,
untrue, or fraudulent
representations in or
related to the practice of
Florida Board of Dentistry 24 Meeting Minutes August 13, 2021
dentistry.
(Sections 466.028(1)(l),
456.072(1)(a), F.S.)
First Offense $1,000 fine. 6 months
probation with
conditions and
$10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense 1 year
probation with
conditions and
$1,000 fine.
6 months
suspension and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense 2 years
probation with
conditions and
$2,500 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(m) Failing to keep
written records and
history justifying the
course of treatment of
the patient.
(Section 466.028(1)(m),
F.S.)
First Offense $500 fine. Probation with
conditions and
$7,500 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$1,000 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Probation with
conditions and
$2,500 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(n) Failing to make
available to a patient or
client, copies of
documents which relate
to the patient or client.
(Section 466.028(1)(n),
F.S.)
First Offense $500 fine. Probation with
conditions and
$7,500 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense $2,500 fine. Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
Florida Board of Dentistry 25 Meeting Minutes August 13, 2021
(o) Performing
professional services
which have not been
authorized by the patient
or client.
(Section 466.028(1)(o),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$8,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(p) Prescribing,
procuring, dispensing,
administering, mixing,
or otherwise preparing a
legend drug or
controlled substance,
other than in the course
of the professional
practice of the dentist.
(Section 466.028(1)(p),
F.S.)
First Offense $500 fine. Probation with
conditions,
$10,000 fine and
up to suspension.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Suspension
followed by
probation and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(q) Prescribing any
medicinal drug
scheduled in chapter
893, F.S., to herself or
himself.
(Section 466.028(1)(q),
F.S.)
First Offense $500 fine. Suspension
followed by
Reprimand. One (1) year
Suspension or
Florida Board of Dentistry 26 Meeting Minutes August 13, 2021
probation with
conditions and
$10,000 fine.
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Suspension
followed by
probation and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(r) Prescribing any drug
which is a Schedule II
amphetamine or a
Schedule II
sympathomimetic amine
drug, pursuant to chapter
893, F.S.
(Section 466.028(1)(r),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension
followed by
probation and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Probation with
conditions and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(s) Being unable to
practice her or his
profession with
reasonable skill and
safety to patients by
reason of illness or use
of alcohol, drugs,
narcotics, chemicals, or
any other type of
material or as a result of
any mental or physical
condition.
(Sections 466.028(1)(s),
456.072(1)(z), F.S.)
First Offense Denial, or
suspension
until licensee
petitions the
Denial of
Application or
Suspension until
demonstration of
Two (2) year
suspension,
demonstration of
ability to practice
Florida Board of Dentistry 27 Meeting Minutes August 13, 2021
Board and
demonstrates
ability to
practice with
reasonable skill
and safety,
followed by
probation with
conditions and
up to $5,000
fine.
ability to practice
with reasonable
skill and safety.
with reasonable
skill and safety as
condition of
reinstatement.
Second Offense Denial, or
suspension
until licensee
petitions the
Board and
demonstrates
ability to
practice with
reasonable skill
and safety,
followed by
probation with
conditions and
up to $5,000
fine.
Suspension
followed by
probation and
$10,000 fine.
Two (2) year
suspension,
demonstration of
ability to practice
with reasonable
skill and safety as
condition of
reinstatement.
Revocation.
Third Offense Denial, or
suspension
until licensee
petitions the
Board and
demonstrates
ability to
practice with
reasonable skill
and safety,
followed by
probation with
conditions and
up to $10,000
fine.
Revocation and
$10,000 fine.
Five (5) year
suspension,
demonstration of
ability to practice
with reasonable
skill and safety as
condition of
reinstatement.
Revocation.
(t) Fraud, deceit, or
misconduct in the
practice of dentistry or
dental hygiene.
(Section 466.028(1)(t),
F.S.)
First Offense $2,500 fine. Probation with Reprimand. Six (6) month
Florida Board of Dentistry 28 Meeting Minutes August 13, 2021
conditions and
$8,000 fine.
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$8,000 fine.
Suspension
followed by
probation and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$10,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(u) Failure to provide
and maintain reasonable
sanitary facilities and
conditions.
(Section 466.028(1)(u),
F.S.)
First Offense $500 fine. Probation with
conditions and
$8,000 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Probation with
conditions and
$3,000 fine.
Suspension,
probation with
conditions and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
Third Offense Probation with
conditions and
$8,000 fine.
Revocation and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
(v) Failure to provide
adequate radiation
safeguards.
(Section 466.028(1)(v),
F.S.)
First Offense $500 fine. Probation with
conditions and
$8,000 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Probation with
conditions and
$3,000 fine.
Suspension
followed by
probation and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
Third Offense Probation with
conditions and
$8,000 fine.
Revocation and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
(w) Performing any
procedure which would
constitute
experimentation on
human subjects, without
first obtaining full,
informed, and written
Florida Board of Dentistry 29 Meeting Minutes August 13, 2021
consent.
(Section 466.028(1)(w),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$3,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$3,500 fine.
Suspension
followed by
probation and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Suspension
followed by
probation and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(x) Being guilty of
incompetence or
negligence, including,
but not limited to, being
guilty of dental
malpractice.
(Section 466.028(1)(x),
F.S.)
First Offense $500 fine. Probation with
conditions and
$10,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$1,000 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $2,500 fine. Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(y) Practicing beyond
the scope that she or he
is competent to perform.
(Sections 466.028(1)(y),
456.072(1)(o), F.S.)
First Offense $500 fine. Probation with
conditions and
$10,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$1,000 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $2,500 fine. Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(z) Delegating or
contracting for
Florida Board of Dentistry 30 Meeting Minutes August 13, 2021
professional
responsibilities to a
person who is not
qualified to perform
them.
(Sections 466.028(1)(z),
456.072(1)(p), F.S.)
First Offense $2,500 fine. Probation with
conditions,
$10,000 fine and
suspension.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$5,000 fine.
Suspension
followed by
probation and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Probation with
conditions and
$7,500 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
Any violation of section 466.028(1)(z), F.S., will result in a minimum licensure suspension of six months, in
addition to any other penalty authorized for this violation, except where revocation is imposed.
(aa) The violation of a
lawful order of the
board, or failure to
comply with subpoena
of the board or
department.
(Sections
466.028(1)(aa),
456.072(1)(q), F.S.)
First Offense $5,000 fine. Suspension until
compliant with
order or subpoena,
probation with
conditions and
$10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $10,000 fine. Suspension until
compliant with
order or subpoena
followed by
probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Revocation and
$10,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(bb) Conspiring with
another licensee or with
any person to commit an
act, which would tend to
Florida Board of Dentistry 31 Meeting Minutes August 13, 2021
coerce, intimidate, or
preclude another
licensee from
advertising services.
(Section 466.028(1)(bb),
F.S.)
First Offense $1,000 fine. $10,000 fine. Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$5,000 fine.
Suspension and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(cc) Being adjudged
mentally incompetent in
this or any other state,
the discipline for which
shall last only so long as
the adjudication.
(Section 466.028(1)(cc),
F.S.)
First and any subsequent
offense.
Suspension
until adjudged
competent by
same court.
Suspension until
adjudged
competent by
same court.
Denial of
Application or
suspension until
adjudged
competent by same
court.
Same.
(dd) Presigning blank
prescription or
laboratory work order
forms.
(Section 466.028(1)(dd),
F.S.)
First Offense $500 fine. Probation with
conditions and
$500 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $1,000 fine. Probation with
conditions and
$7,500 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$2,500 fine.
Suspension and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(ee) Prescribing growth
hormones, testosterone
Florida Board of Dentistry 32 Meeting Minutes August 13, 2021
or its analogs, human
chorionic gonadotropin
(HCG), or other
hormones for the
purpose of muscle
building or to enhance
athletic performance.
(Section 466.028(1)(ee),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $5,000 fine. Suspension and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(ff) Operating a dental
office such as to result in
dental treatment that is
below minimum
acceptable standards of
performance for the
community.
(Section 466.028(1)(ff),
F.S.)
First Offense $500 fine. Probation with
conditions and
$10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$4,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(gg) Administering
anesthesia in a manner
which violates rules of
the board.
(Section 466.028(1)(gg),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Probation with
conditions and
Suspension and
$10,000 fine.
Not Applicable to
Telehealth
Florida Board of Dentistry 33 Meeting Minutes August 13, 2021
$2,500 fine. Registrants.
Third Offense Probation with
conditions and
$4,000 fine.
Revocation and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
(hh) Failing to report any
licensee under chapter
458 or 459, F.S., who the
dentist knows has
violated the grounds for
disciplinary action.
(Section 466.028(1)(hh),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $2,500 fine. $10,000 fine. Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense $3,500 fine. $10,000 fine. One (1) year
Suspension.
Revocation.
(ii) Failing to report to
the board, within 30 days
action has been taken
against one’s license to
practice dentistry in
another state, territory,
or country.
(Section 466.028(1)(ii),
F.S.)
First Offense $1,000 fine. Denial, revocation
and $8,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation and
$1,500 fine.
Denial, revocation
and $10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Suspension
followed by
probation and
$3,000 fine.
Denial, revocation
and $10,000 fine.
One (1) year
Suspension.
Revocation.
(jj) Advertising specialty
services in violation of
this chapter.
(Section 466.028(1)(jj),
F.S.)
First Offense $1,000 fine. $7,500 fine. Reprimand. Six (6) month
Suspension or
Denial of
Application.
Florida Board of Dentistry 34 Meeting Minutes August 13, 2021
Second Offense $2,500 fine. Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$5,000 fine.
Suspension
followed by
probation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(kk) Allowing any
person to interfere with a
dentist’s clinical
judgment.
(Section 466.028(1)(kk),
F.S.)
First Offense $1,000 fine. $5,000 fine. Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$5,000 fine.
Suspension and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(ll) Violating any
provision of Chapters
456 and 466, F.S., or any
rules adopted pursuant
thereto.
(Sections
466.028(1)(mm),
456.072(1)(b),
456.072(1)(dd), F.S.)
First Offense $750 fine. Probation with
conditions and
$10,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$1,000 fine.
Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$2,500 fine.
Suspension
followed by
probation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(mm) Failing to comply
with the educational
course requirements for
HIV.
(Section 456.072(1)(e),
Florida Board of Dentistry 35 Meeting Minutes August 13, 2021
F.S.)
First Offense $500 fine. Probation with
conditions and
$1,500 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense $1,000 fine. Probation with
conditions and
$5,000 fine.
Not Applicable to
Telehealth
Registrants.
Third Offense $1,500 fine. Probation with
conditions and
$7,500 fine.
Not Applicable to
Telehealth
Registrants.
(nn) Having been found
liable in a civil
proceeding for
knowingly filing a false
report or complaint with
the department against
another licensee.
(Section 456.072(1)(g),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$8,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $3,500 fine. Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$5,000 fine.
Suspension and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(oo) Making deceptive,
untrue, or fraudulent
representations in or
related to the practice of
a profession or
employing a trick or
scheme in or related to
the practice of a
profession.
(Section 456.072(1)(m),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$8,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $3,500 fine. Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with Suspension and One (1) year Revocation.
Florida Board of Dentistry 36 Meeting Minutes August 13, 2021
conditions and
$5,000 fine.
$10,000 fine. Suspension.
(pp) Exercising
influence on the patient
or client for the purpose
of financial gain of the
licensee or a third party.
(Section 456.072(1)(n),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Probation with
conditions and
$3,500 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(qq) Wrong patient,
wrong-site procedure, a
wrong procedure,
medically unnecessary.
(Section 456.072(1)(bb),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Reprimand or
Denial of
Application.
One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,000 fine.
Suspension
followed by
probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Suspension
followed by
probation with
conditions and
$3,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(rr) Improperly
interfering with an
investigation or
inspection authorized by
statute, or with any
disciplinary proceeding.
(Section 456.072(1)(r),
F.S.)
First Offense $1,000 fine. Probation with Reprimand. Six (6) month
Florida Board of Dentistry 37 Meeting Minutes August 13, 2021
conditions and
$10,000 fine.
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension
followed by
probation and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense Probation with
conditions and
$5,000 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(ss) Failing to comply
with the educational
course requirements for
domestic violence.
(Section 456.072(1)(s),
F.S.)
First Offense $500 fine. Probation with
conditions and
$2,500 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Probation with
conditions and
$1,000 fine.
Probation with
conditions and
$4,000 fine.
Not Applicable to
Telehealth
Registrants.
Third Offense $2,500 fine. Probation with
conditions and
$8,000 fine.
Not Applicable to
Telehealth
Registrants.
(tt) Failing to comply
with sections 381.026
and 381.0261, F.S.,
patient rights and how to
file a patient complaint.
(Section 456.072(1)(u),
F.S.)
First Offense $500 fine. Probation with
conditions and
$2,500 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Probation with
conditions and
$1,000 fine.
Probation with
conditions and
$4,000 fine.
Not Applicable to
Telehealth
Registrants.
Third Offense $2,500 fine. Probation with
conditions and
$8,000 fine.
Not Applicable to
Telehealth
Registrants.
(uu) Engaging or
attempting to engage in
sexual misconduct as
defined and prohibited in
section 456.063(1), F.S.
(Section 456.072(1)(v),
F.S.)
Florida Board of Dentistry 38 Meeting Minutes August 13, 2021
First Offense $2,500 fine. Revocation or
probation with
conditions and
$10,000 fine.
One (1) year
suspension.
Revocation or
Denial of
Application.
Second Offense Probation with
conditions and
$5,000 fine.
Suspension
followed by
probation with
conditions or
revocation, and
$10,000 fine.
Revocation Same
Third Offense Suspension
followed by
probation with
conditions and
$8,000 fine.
Revocation and
$10,000 fine.
Revocation Same
(vv) Failing to report to
the board, in writing
within 30 days after the
licensee has been
convicted or found
guilty of, or entered a
plea of nolo contendere
to regardless of
adjudication, a crime in
any jurisdiction.
(Section 456.072(1)(x),
F.S.)
First Offense $500 fine. Probation with
conditions and
$10,000 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$1,000 fine.
Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense Suspension
followed by
probation with
conditions and
$2,500 fine.
Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(ww) Using information
about people involved in
motor vehicle accidents
which has been derived
from accident reports.
(Section 456.072(1)(y),
F.S.)
First Offense $500 fine. Probation with
conditions and
Reprimand. One (1) year
Suspension or
Florida Board of Dentistry 39 Meeting Minutes August 13, 2021
$5,000 fine. Denial of
Application.
Second Offense $1,000 fine. Probation with
conditions and
$8,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $2,500 fine. Suspension
followed by
probation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(xx) Leaving a foreign
body in a patient.
(Section 456.072(1)(cc),
F.S.)
First Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Probation with
conditions and
$2,500 fine.
Suspension
followed by
probation with
conditions and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
Third Offense Probation with
conditions and
$5,000 fine.
Suspension and/or
revocation and
$10,000 fine.
Not Applicable to
Telehealth
Registrants.
(yy) Testing positive for
any drug, on any
preemployment or
employer-ordered drug
screening.
(Section 456.072(1)(aa),
F.S.)
First Offense $500 fine. Probation with
conditions and
$8,000 fine.
Reprimand. Six (6) month
Suspension or
Denial of
Application.
Second Offense $1,000 fine. Suspension
followed by
probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
One (1) year
Suspension.
Third Offense $2,500 fine. Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(zz) Intentionally
submitting a personal
injury protection claim
required by section
627.736, F.S., statement
that has been “upcoded”
Florida Board of Dentistry 40 Meeting Minutes August 13, 2021
as defined in section
627.732, F.S.
(Section 456.072(1)(ee),
F.S.)
First Offense $500 fine. Probation with
conditions and
$8,000 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $2,500 fine. Suspension
followed by
probation with
conditions and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(aaa) Intentionally
submitting a personal
injury protection claim
required by section
627.736, F.S., for
services that were not
rendered.
(Section 456.072(1)(ff),
F.S.)
First Offense $500 fine. Probation with
conditions and
$8,000 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense $1,000 fine. Probation with
conditions and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $2,500 fine. Suspension
followed by
probation with
conditions and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(bbb) Engaging in a
pattern of practice of
prescribing medicinal
drugs or controlled
substances which
demonstrates a lack of
reasonable skill or safety
to patients or a violation
of sections 893.055 and
893.0551, F.S., or law
and rules relating to
Florida Board of Dentistry 41 Meeting Minutes August 13, 2021
prescribing
practitioners.
(Section 456.072(1)(gg),
F.S.)
First Offense $1,500 fine. Probation with
conditions and
$8,000 fine.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense Probation with
conditions and
$3,000 fine.
Suspension and
$10,000 fine.
Six (6) month
Suspension.
Revocation.
Third Offense $5,000 fine. Revocation and
$10,000 fine.
One (1) year
Suspension.
Revocation.
(ccc) Failing to comply
with, failing to
successfully complete,
or being terminated from
an impaired practitioner
treatment program.
(Section 456.072(1)(hh),
F.S.)
First Offense Suspension,
until
compliant,
followed by 2
years probation
with conditions
and $2,000
fine.
Suspension until
compliant,
followed by 5
years probation
with conditions
and $5,000 fine.
Denial of
Application or
Suspension until
Complaint,
followed by
Corrective Action
Plan.
Same
Second or Subsequent
Offense
Three years
suspension
followed by 5
years probation
with conditions
and $10,000
fine.
Revocation and
$10,000 fine.
Same Revocation.
(ddd) Being convicted
of, or entering a plea of
nolo contendere to, any
misdemeanor or felony,
regardless of
adjudication, under 18
U.S.C. s. 669, ss. 285-
287, s. 371, s. 1001, s.
1035, s. 1341, s. 1343, s.
1347, s. 1349, or s. 1518,
or 42 U.S.C. ss. 1320a-
7b, relating to the
Florida Board of Dentistry 42 Meeting Minutes August 13, 2021
Medicaid program.
(Section 456.072(1)(ii),
F.S.)
First Offense Misdemeanor – Reprimand,
$10,000 fine,
suspension.
Felony –
Revocation.
Misdemeanor –
$10,000 fine,
revocation.
Felony –
Revocation.
Revocation. Revocation.
Second Offense Misdemeanor
or Felony –
Revocation and
$10,000 fine.
Misdemeanor or
Felony –
Revocation and
$10,000 fine.
Same Same
(eee) Failing to remit the
sum owed to the state for
any overpayment from
the Medicaid program
pursuant to a final order,
judgement, or stipulation
or settlement.
(Section 456.072(1)(jj),
F.S.)
First Offense $1,000 fine,
letter of
concern.
$10,000 fine
suspension.
Reprimand and
One (1) year
Suspension.
Revocation or
Denail of
Application.
Second Offense $7,500 fine,
reprimand.
$10,000 fine,
revocation.
Revocation. Revocation.
(fff) Being terminated
from the state Medicaid
program pursuant to
section 409.913, F.S.,
any other state Medicaid
program, or the federal
Medicare program,
unless eligibility to
participate in the
program from which the
practitioner was
terminated has been
restored.
(Section 456.072(1)(kk),
F.S.
First Offense $1,000 fine,
letter of
concern.
$10,000 fine,
suspension.
Reprimand and
One (1) year
Suspension.
Revocation or
Denail of
Application.
Second Offense $7,500 fine,
reprimand.
$10,000 fine,
revocation.
Revocation. Revocation.
(ggg) Being convicted
Florida Board of Dentistry 43 Meeting Minutes August 13, 2021
of, or entering a plea of
guilty or nolo
contendere, to any
misdemeanor or felony,
regardless of
adjudication, a crime in
any jurisdiction which
relates to health care
fraud.
(Section 456.072(1)(ll),
F.S.)
First Offense Misdemeanor –
$10,000 fine,
reprimand.
Felony –
Revocation
$10,000 fine.
Misdemeanor –
$10,000 fine,
suspension.
Felony –
Revocation
$10,000 fine.
Reprimand and
One (1) year
Suspension.
Revocation or
Denail of
Application.
Second Offense Misdemeanor
or Felony –
$10,000 fine,
revocation.
Misdemeanor or
Felony – $10,000
fine, revocation.
Revocation Revocation
(hhh) Failure to comply
with the controlled
substance prescribing
requirements of section
456.44, F.S. (Section
456.072(1)(mm), F.S.)
First Offense Suspension of
license for a
period of six
(6) months
followed by a
period of
probation and
an
administrative
fine in the
amount of
$10,000.00.
Revocation and an
administrative fine
of $10,000.00.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense Suspension of
license for a
period of one
(1) year
followed by
probation and
an
adminstrative
fine in the
Revocation and an
administrative fine
in the amount of
$10,000.00.
Six (6) month
Suspension.
Revocation.
Florida Board of Dentistry 44 Meeting Minutes August 13, 2021
amount of
$10,000.00.
(iii) Providing false or
deceptive expert witness
testimony related to the
practice of dentistry.
(Section 466.028(1)(ll),
F.S.)
First Offense Reprimand and
an
administrative
fine of
$5,000.00.
Revocation and an
administrative fine
of $10,000.00.
Reprimand. One (1) year
Suspension or
Denial of
Application.
Second Offense Revocation and
an
administrative
fine of
$10,000.00.
Revocation and an
administrative fine
of $10,000.00.
Six (6) month
Suspension.
Revocation.
(jjj) Willfully failing to
comply with section
627.64194 or 641.513,
F.S., with such
frequency as to indicate
a general business
practice.
(Section 456.072(1)(oo),
F.S.
One (1) year
Suspension.
Revocation.
First Offense Reprimand and
a $5,000 fine.
Probation with
conditions and
$7,500 fine.
Not Applicable to
Telehealth
Registrants.
Second Offense Reprimand;
suspension for
6 months
followed by
Probation with
Conditions;
and $8,000
fine.
$10,000 Fine and
revocation.
Not Applicable to
Telehealth
Registrants.
After discussion, the following action was taken: Motion: by Dr. Tejera to accept the proposed language. Second: Mr. Andrade Vote: Unanimous The Board found there was no economic impact, that no part of this rule or a violation of this rule should be designated as a minor violation, that this rule shall not include a sunset provision. and that a Statement of Regulatory Cost was not necessary and will not need legislative ratification
Florida Board of Dentistry 45 Meeting Minutes August 13, 2021
iii. Fee Rule
In March 2020, the biennial licensure renewal fee for Dental Hygienists was reduced to $75. At that time, the Inactive Renewal Fee and Change of Status Fees for Dental Hygienists were not correspondingly reduced. This creates a conflict, which requires amendment of the rules to conform to statutory requirements.
64B5-15.008 Fee for Renewal of Inactive License. The fee for renewal of an inactive dental license shall be $300. The fee for renewal of an inactive dental hygiene license shall be $75 80. 64B5-15.012 Change of Status Processing Fee. The fee for processing a licensee’s request to change status at any time other than at the beginning of a licensure cycle shall be $300 for a dental license and $75 80 for a dental hygiene license.
After discussion, the following action was taken: Motion: by Dr. White to accept proposed language Second: Dr. Tejera Vote: Unanimous
The Board found there was no economic impact, that no part of this rule or a violation of this rule
should be designated as a minor violation, that this rule shall not include a sunset provision.
and that a Statement of Regulatory Cost was not necessary and will not need legislative
ratification
X. DISCUSSION
A. CDCA Updates, Dr. Guy Shampaine, Former Chief Executive Officer of ADEX
Dr. Shampaine provided the Board with updates on the ADEX examination. He stated that the ADEX examination is currently accepted in all states except for New York and Delaware. He also stated that Nevada, Wyoming and Florida are the only states that do not accept the CompeDont examination. He also informed the Board that last year 85% of graduates in the United States took their exam on a CompeDont.
Casey Stoutamire from the Florida Dental Association (FDA) spoke in support and indicated that the FDA passed a policy in June supporting the use of a non-patient based exam as long as it is the ADEX CompeDont tooth exam.
B. Unlicensed Activity Presentation
XI. FOR YOUR INFORMATION
A. American Association of Orthodontists
XII. NEW BUSINESS
A. Licensure Ratification Lists
After discussion, the following action was taken:
Florida Board of Dentistry 46 Meeting Minutes August 13, 2021
Motion: by Dr. Tejera to approve the licensure ratification list Second: by Dr. White Vote: Unanimous
B. Anesthesia Ratification List
After discussion, the following action was taken: Motion: by Dr. Tejera to approve the anesthesia ratification list Second: by Dr. White
Vote: Unanimous
XIII. OLD BUSINESS
A. Approval of Board Meeting Minutes – May 21, 2021
B. After discussion, the following action was taken: Motion: by Dr. Tejera to approve the meeting minutes Second: by Dr. White Vote: Unanimous
C. Approval of Rule Hearing Minutes – May 21, 2021
After discussion, the following action was taken: Motion: by Dr. Tejera to approve the rule hearing minutes Second: by Dr. White
Vote: Unanimous
XIV. ADJOURNMENT There being no further business, the meeting was adjourned at 2:20 p.m.