PETITIONS FOR RULEMAKINGVol. 30 Iss. 3 - October 07, 2013
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF DENTISTRY
Agency Decision
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Deborah Hickman.
Nature of Petitioner's Request: To amend 18VAC60-20-72 to allow a dental assistant who holds a valid CDA issued by the Dental Assisting National Board and successfully completes the CRFDA certification to take the examination without attending dental assisting school.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition and related comments were considered by the board at its meeting on September 13, 2013. While the board declined to initiate a rulemaking process, it agreed that the education and training requirements for registration of a dental assistant II should be reviewed. As was learned during the process of promulgating the initial regulations, there are wide variances in the duties of an "expanded duty dental assistant" among the various states. For example, the duties that require an expanded duty assistant to obtain additional training and complete an examination in North Carolina may be performed in Virginia by a dental assistant I. So while the board has denied the request for rulemaking, it has taken the matter under advisement and referred it to a committee for further consideration.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R13-29; Filed September 13, 2013, 3:51 p.m.
Agency Decision
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Vahid Tavakoli.
Nature of Petitioner's Request: Require all dentists to give a five-year warranty on crowns and bridges to ensure work is durable and thorough.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition and all related comments were considered by the board at its meeting on September 13, 2013. Board members concurred that there are many reasons for the failure rate of a crown or bridge. Clinical studies show that the main reason for the need to replace a dental restoration is often tooth decay, for which there are many risk factors. A warranty requirement would be untenable and virtually impossible to enforce. Therefore, the board declined to initiate a rulemaking process and voted to retain regulations as currently written.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R13-30; Filed September 13, 2013, 3:48 p.m.
Agency Decision
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Deborah Hickman.
Nature of Petitioner's Request: To amend regulations pertaining to requirements for dental assistants II to add another pathway for registration.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition and related comments were considered by the board at its meeting on September 13, 2013. While the board declined to initiate a rulemaking process, it agreed that the education and training requirements for registration of a dental assistant II should be reviewed. As was learned during the process of promulgating the initial regulations, there are wide variances in the duties of an "expanded duty dental assistant" among the various states. For example, the duties that require an expanded duty assistant to obtain additional training and complete an examination in North Carolina may be performed in Virginia by a dental assistant I. So while the board has denied the request for rulemaking, it has taken the matter under advisement and referred it to a committee for further consideration.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R13-31; Filed September 13, 2013, 3:51 p.m.
Agency Decision
Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Terry Dickinson, DDS
Nature of Petitioner's Request: To amend regulations for unprofessional conduct to specify that a dentist cannot: (i) offer rebates or split fees or commissions for services rendered to a patient with any person other than a partner, employee, or employer; nor (ii) directly or indirectly receive a fee or other consideration to or from a third party for the referral of a patient or client.
Agency Decision: Request denied.
Statement of Reason for Decision: The petition and related comments were considered by the board at its meeting on September 13, 2013. It was generally agreed that the issue should be addressed, but it is unclear that the board has statutory authority to promulgate a regulation with such a prohibition. The board was given a copy of provisions in the Medical Practice Act (§§ 54.1-2962 and 54.1-2962.1) as examples of language in the Code of Virginia. So while the board denied the request for rulemaking at this time, it has taken the matter under advisement and referred it to a committee for further consideration.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4688, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R13-32; Filed September 13, 2013, 3:49 p.m.
