Notice of Declaratory Statement

DEPARTMENT OF HEALTH
Board of Dentistry
NOTICE IS HEREBY GIVEN THAT the Board of Dentistry has issued an order disposing of the petition for declaratory statement filed by Laban Bontrager, D.M.D. on July 02, 2008. The following is a summary of the agency's disposition of the petition:
The Board of Dentistry hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement filed by Laban Bontrager, D.M.D. The Notice of Petition for Declaratory Statement was published in Vol. 34, No. 24, of June 13, 2008, Florida Administrative Weekly. The Board considered the Petition at a duly-noticed public meeting held on June 20, 2008. The Petition requested the Board’s interpretation of Section 466.017(1) and (2), F.S., and whether a licensed dentist may prescribing Chantix (Varenicline) for smoking cessation, would be within his scope of practice as a licensed dentist, pursuant to Section 466.017 (1) and (2), F.S.. The Board’s Order, filed on July 2, 2008, finds that Petitioner has complied with the requirements of Section 120.565, F.S. and Rule 28-105.002, F.A.C. The Board believes that a licensed dentist may prescribe smoking cessation drugs because it is within the scope of practice for a licensed dentist, pursuant to Section 466.017(1) and (2), F.S.. The Board’s conclusion is based solely on the Board’s application of the factual circumstances outlined in the Petition to the pertinent statutory provision set forth above and should not be interpreted as commenting on whether the facts in the petition may or may not violate any other provision of Chapter 466 or 456, F.S., or any rules promulgated thereunder.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.
Please refer all comments to: Sue Foster, Executive Director, Board of Dentistry, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258.