Notice of Variances and Waivers

DEPARTMENT OF HEALTH
Board of Dentistry
RULE NO.: RULE TITLE:
64B5-2.013: Dental Examination Requirements and Grading.
The Board of Dentistry hereby gives notice:
Of the issuance of an Order regarding the Petition for Variance filed by Ruth L. Masso, D.D.S., filed on April 12, 2011. The Notice of Petition for Variance was published in Vol. 37, No. 17, of the April 29, 2011, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on May 20, 2011. The petition requested a waiver or variance from the requirement imposed by paragraph 64B5-2.013(1)(c), Florida Administrative Code, that each applicant for a Florida dental license successfully complete all three examinations as provided for in Section 466.006, Florida Statutes, within a 13 month period in order to qualify for licensure.
The Board’s Order, filed on June 2, 2011, grants the Petition for Variance or Waiver, finding that Petitioner has complied with the requirements of Section 120.542 of the Florida Statutes, and Chapter 28-104, Florida Administrative Code. The Board determined that Petitioner has complied with Section 120.542(2), Florida Statutes as she demonstrated that the purpose of the underlying statute, Section 466.006, Florida Statutes, will be achieved or has been achieved by other means. Additionally, Petitioner has demonstrated that strict application of paragraph 64B5-2.013(1)(c), Florida Administrative Code, would create a substantial hardship or violate principles of fairness within the meaning of Section 120.542(2), Florida Statutes. Based upon the foregoing, the Board determined that Petitioner is eligible for a waiver or variance of paragraph 64B5-2.013(1)(c), Florida Administrative Code for six (6) months from the effective date of the final order to take and pass the law and rule exam.
A copy of the Order or additional information may be obtained by contacting:
Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.