Notice of Proposed Rule

DEPARTMENT OF HEALTH
Dental Laboratories
RULE NO: RULE TITLE
64B27-1.003: Continuing Education Requirements
PURPOSE AND EFFECT: To create a rule to implement new 2008 Session legislation relating to dental laboratories and the completion of continuing education biennially.
SUMMARY: This rule specifies courses to be taken by the owner/operator or a designated employee of a dental laboratory to satisfy the requirement of 18 hours biennially, submission of information into the department’s tracking system, and what information should be retained to establish compliance.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared because the costs to the dental laboratories are not increased by the rule. It was the legislation that requires the laboratories to incur the costs of obtaining 18 hours of continuing education for every biennium. If anything, the rule mitigates the costs required by the legislation by authorizing partial satisfaction of the required continuing education course hours through unconventional means such as study courses, research, and pro bono opportunities.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 466.032, 466.038 FS.
LAW IMPLEMENTED: 456.013, 466.032 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sue Foster, Division of Medical Quality Assurance, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258

THE FULL TEXT OF THE PROPOSED RULE IS:

64B27-1.003 Continuing Education Requirements.

(1) On or after July 1, 2010, each registered dental laboratory owner/operator or a designated employee must complete 18 hours of continuing education (CE) biennially. The owner/operator or agent as listed on the registration has the responsibility to ensure that the CE provider has submitted or the owner has self-submitted course completion information within the CE tracking system in accordance with rule Chapter 64B-5, F.A.C. The records retained by the laboratory to document completion of the required CE shall either include evidence that the owner/operator completed the course hours or that the course hours were completed by a designated employee who worked at the laboratory for at least one full year during the biennium as documented by time cards, pay stubs, or federal W-2 forms.

(2) Organizations, schools, and agencies that meet the criteria set in statute and in this rule shall apply and will be granted approval to develop and offer continuing education courses in accordance with Rule 64B5-12.017, F.A.C.

(3) As part of the hours required biennially, the owner/operator or designated employee must complete two hours of coursework relating to the prevention of medical errors including root-cause analysis, error reduction and prevention, patient safety, infection control, and/or employee safety including Occupational Safety and Health Administration standards.

(4) As part of the hours required biennially, the owner/operator or designated employee must complete a one to three hour course on the laws and rules that govern dental laboratories and dental technicians.

(5) Attendance at lectures, study clubs, college courses, conventions, and research shall be included for fulfillment of the CE requirement if sponsored for dental technicians by an approved provider or if approved by the executive director for dental laboratories and the Board of Dentistry as meeting the content requirements specified by law.

(6) As part of the hours required biennially, the owner/operator or designated employee may satisfy up to four hours by the performance of pro bono services to the indigent or to underserved populations or in areas of critical need provided that the prescribing dentist is serving these populations and the patient beneficiary falls within one of these categories.

(7) The CE requirement does not apply to a dental laboratory physically located within the office of a licensed dentist.

Specific Authority 466.032, 466.038 FS. Law Implemented 456.013, 466.032 FS. History–New_______.


NAME OF PERSON ORIGINATING PROPOSED RULE: Sue Foster
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana M. Viamonte Ros, M.D. M.P.H.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 8, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 12, 2008