Unexcused Absences, Proposed Language to Provide Protective Eyewear and More!

By Casey Stoutamire, FDA Chief Legal Officer

The Florida Board of Dentistry (BOD) met in Ft. Lauderdale, Friday, Nov. 18, at 7:30 a.m. BOD Liaison Dr. Andy Brown and FDA Chief Legal Officer Casey Stoutamire represented the Florida Dental Association (FDA). Drs. Jim Haddix and Steven Hochfelder were also in attendance. Several Nova Southeastern University College of Dental Medicine dental students also attended the meeting.

BOD members present included:

Dr. T.J. Tejera, chair; Mr. Fabio Andrade, vice-chair; Drs. Christine Bojaxhi, Brad Cherry, Tom McCawley Jose Mellado, Claudio Miro and Nick White Ms. Karyn Hill and Ms. Angela Johnson.

In August, the BOD approved language for a new rule regarding unexcused absences from board meetings, as the BOD did not previously have a rule for this. The proposed rule language read:

64B5-1.002 Unexcused Absences of Board Members.

(1) A Board member’s absence from a Board meeting shall be considered unexcused if the Board member had not received approval of the chair or the chair’s designee prior to missing the meeting.

(2) Arriving late for a Board meeting or leaving early from a Board meeting without prior approval of the chair or the chair’s designee shall be considered an unexcused absence.

BOD counsel reported that the Joint Administrative Procedures Committee (JAPC) had issues with the previous rule even though the language is in rule for other regulatory boards. BOD counsel worked with JAPC to get a clear understanding of what they would like to see in the rule and modified it accordingly. It now reads:

64B5-1.002 Unexcused Absences of Board Members.

(1) A Board member’s absence from a Board meeting shall be considered unexcused if the Board member had not received approval of the chair or the chair’s designee prior to missing the meeting. Reasons for granting excused absences shall be, but are not limited to the following:

1. Illness or injury of the Board member;

2. Illness or death of family member;

3. Court order, subpoena, or business with a federal or state court or other governmental body;

4. Travel delays or cancellations;

5. Any conflict or extraordinary circumstance or event approved by the Board Chair.

(2) Arriving late for a Board meeting or leaving early from a Board meeting without prior approval of the chair or the chair’s designee shall be considered an unexcused absence.

The BOD heard from the Commission on Dental Competency Assessments (CDCA), which administers the ADEX licensure exam. As a reminder, the Florida rule (which was modeled after the initial CDCA rule) requires an applicant to complete and pass all parts of the ADEX exam within 18 months of taking the first part of the exam. However, the CDCA rule now states that all aspects of the ADEX exam must be complete within 18 months of an applicant starting their D4 year. As part of that discussion, the BOD asked the FDA to work with board staff to review the dental examination statute and propose clean-up changes to ensure it aligns with current procedures.

The Council on Dental Hygiene proposed language to require dentists to provide protective eyewear to all patients for all dental procedures. However, the BOD did not approve this proposed revision to Rule 64B5-25.003. It will not be a requirement in the rule that patients be given eye protection in dental procedures. As a reminder, this is still a guideline from the Centers for Disease Control and Prevention and dentists should act accordingly.

There were five disciplinary cases, two informal hearings, and three determinations of waivers. There was also one voluntary relinquishment dealing with failing to notify the BOD of criminal convictions; failure to meet the minimum standard of care regarding periodontal disease, the placement of a bridge and placement of a crown; failure to comply with a previous final order of the BOD; a fistula repair without referring to a specialist; abandoning a practice without notifying the BOD nor publishing