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The Florida Dental Association's Official Electronic Newsletter
May 2009
In This Issue:
- FDA Provides “Red Flags Rule” Compliance Guide to Members
- Ruling Issued in Specialty Advertising Lawsuit
- Health Care Clinic Establishment Permit Amendment
- FNDC Registration Continues, Implants Mini-residency Sold Out!
- Leadership Institute Enrollment Begins at FNDC
- Fluoridation Advocacy Continues
- Task Force on Social Networking Launches FDA Profiles
- FDA Wins Awards for Campaign, Today’s FDA
- May Member Voices Survey Question
April Member Voices Results
News Bites Archives
FDA Provides “Red Flags Rule” Compliance Guide to Members
The Federal Trade Commission’s (FTC) new “red flags rule” would have gone into effect May 1 for dental offices, but the FTC just issued a 90-day delay. The legislation was enacted by Congress to help prevent identity theft. In general, businesses that extend credit, such as by deferring payment for services, must implement written identity theft prevention programs providing the identification, detection and response to patterns, practices or specific activities, known as “red flags,” that could indicate identity theft.
Also be aware that related to the federal red flags rule is Florida’s Breach Notification Law found in section 817.5681, Florida Statutes (F.S.). The law requires any person or company to notify individuals if there has been a breach in the entity’s computer security which materially compromises the individual's “personal information.” This law applies to health care providers and, from a practical standpoint, means that Florida Dental Association (FDA)-member dentists need to notify patients if their computer system is breached. In addition to the guidelines on red flags rule, the FDA is providing a policy that member dentists can incorporate into their practice to comply with the Florida specific law.
In anticipation of the rule, FDA members have exclusive access to the American Dental Association’s (ADA) new online kit to use when complying with the FTC’s “red flags rule.” Members also have exclusive access to information about the State of Florida's requirements of dentists concerning patient identity theft. The private sector is reportedly billing more than $1,000 to provide the same information. This is a significant benefit of belonging to organized dentistry.
Visit www.floridadental.org/redflag for the guidelines (please have your FDA log-in information ready).
Ruling Issued in Specialty Advertising Lawsuit
A state circuit court in Leon County recently concluded that Florida’s dental specialty advertising law (section 466.0282, F.S.) is unconstitutional. As a practical matter, the Florida Board of Dentistry (BOD) has not enforced the statute since the lawsuit was filed in 2003. Last week’s order means the Florida BOD is now permanently barred from enforcing the statute.
Thus, for example, members of the American Academy of Implant Dentistry (AAID) may now truthfully advertise to the public that they have achieved that status even though the ADA has neither recognized implants as a dental specialty area, nor the AAID as an accrediting organization. Previously, to comply with section 466.0282 AAID members who wanted to advertise their membership status would have had to attach a disclaimer to the advertising to the effect that the AAID is not recognized by the ADA or the Florida Board as a bona fide accrediting organization. Following the ruling, this disclaimer is no longer required. However, the ruling contradicts a previous federal court opinion that upheld the constitutionality of section 466.0282, which means there are now two conflicting opinions. Also, the state court ruling calls into question what will happen to BOD rules that implement the statute.
A few things remain clear:
- The state court ruling does not repeal or nullify other law that prohibits consumer fraud or, for example, untrue statements made by dentists for the purpose of financially exploiting patients.
- The aspirational guidelines for advertising set forth in the ADA/FDA Principles of Ethics and Code of Professional Conduct remain intact.
Health Care Clinic Establishment Permit Amendment
FDA lobbyists recently worked to get an amendment approved to further clarify that a Florida-licensed dentist is able to purchase prescription drugs from their corporate accounts without purchasing a health care clinic establishment permit. The Department of Health (DOH) has interpreted that the newly-created permit is needed for prescription drug purchases to be deemed a legal transaction. The DOH stated that it is a felony for wholesalers to ship prescription drugs to unauthorized entities. They have concluded that this is currently occurring when practitioners pay for drugs with a corporate check. Therefore, the DOH states that in order for prescription drugs to be paid for with a corporate check, you must first purchase a $255 permit and renew it every two years. Since most dental offices, regardless of size, incorporate for tax and liability purposes, this interpretation has the potential to require most dentists to purchase a $255 permit to continue treating patients with medication needed to run a dental office.
The FDA has been working with DOH staff to explain that a dentist office is different than a health care clinic due to s. 466.0285, F.S., which requires the ownership and control of any dental corporation to have dentists involved. The FDA was successful in getting an amendment put onto SB 902 by Sen. Ted Deutch (D-Delray Beach), which would clearly exempt anyone subject to s. 466.0285, F.S. from having to get a health care clinic establishment permit. However, DOH does not support the FDA amendment language and has stated that they will recommend a veto to the governor on any bills containing the FDA language. The FDA strongly disagrees with the department's reading of present law. FDA lobbyists will continue to fight on member's behalf as the session nears conclusion.
Thank you to all FDA-member dentists who responded to the legislative alert on this issue and contacted local Senators before the vote on the amendment. Your efforts made a huge difference!
FNDC Registration Continues,
Implants Mini-residency Sold Out!
Initial registration figures for the 2009 Florida National Dental Convention (FNDC2009) show that the convention has already sold out the implants mini-residency, A Team Approach to Implant Dentistry! In addition, the Administrative Assistant Mastery Program is popular with registrants. This comprehensive training for administrative staff is led by Kirk Behrendt and Sheri Kay of ACT Dental. Another popular course offered only for dentists is Embezzlement: For Your Eyes and Ears Only (W42) with Ms. Susan Gunn. Ms. Gunn, who is known from her sold-out Quickbooks workshops at Hinman and Chicago MidWinter, will show how to implement practical safeguards to help practices avoid becoming a victim of financial deceit.
The Gaylord Palms Hotel and Convention Center is still accepting room reservations at (407) 586-2000. Book your room now, as we typically end up in a “sold out” situation in May. Rooms are also available at the Marriott World Center by calling (800) 564-3181.
Leadership Institute Enrollment Begins at FNDC
Applications and instructions for enrollment in the FDA Leadership Institute will be available at FNDC2009, on the FDA Web site at www.floridadental.org and through each FDA component beginning in June. Each year, 40 applicants will be selected from components and members at-large interested in enhancing their organizational leadership skills. Graduation from the institute includes successful completion of the online curriculum courses and participation in a “hands-on” leadership project of relevance to the organization. For more information about the Leadership Institute, contact Leadership Institute Coordinator Bill Sagona by email at bsagona@floridadental.org or by telephone at (850) 681-3629, Ext. 7107.
Fluoridation Advocacy Continues
FDA members, in cooperation with the DOH Public Health Dental Program, county public health departments and a State Oral Health Improvement Plan workgroup, are establishing advocacy programs to address fluoridation on several fronts. Key areas of the state where the addition or retention of community fluoridation are at issue are: City of Palm Bay, Brevard County, City of Deland, City of Port Orange, Volusia County, City of Riviera Beach, Palm Beach County, City of Bonita Springs and Lee County. Local advocacy groups are being formed to meet with public officials to address the benefits of fluoridation as a major preventive dentistry program.
Task Force on Social Networking
Launches FDA Profiles
The FDA recently began making connections on its Facebook, Twitter and LinkedIn profiles. The FDA already has a substantial number of “friends” on Facebook and “followers” on Twitter, with numbers increasing daily!
Through the sites, FDA members will have access to up-to-date information, including new studies, legal information and legislative updates. Here’s how to find us:
- Twitter – Set up a profile at www.Twitter.com and search click “Find People” to find “Florida Dental.” “Follow” us to automatically receive updates to your Twitter account.
- Facebook – Set up a profile at www.Facebook.com and search for “Florida dental” to find the FDA. “Friend” us on our profile and “Join” on our group for dental updates.
- LinkedIn – Set up a profile at www.LinkedIn.com and search groups for “Florida Dental Association.” “Join” our group for dental updates.
Also, look for a more in-depth summary of social networking benefits in the May issue of Today’s FDA, which will be arriving in your mailbox soon!
FDA Wins Awards for Campaign, Today’s FDA
The FDA on April 23 was presented with three prestigious Image Awards. The awards, presented by the Florida Public Relations Association (FPRA), recognize outstanding public relations efforts. The FDA’s “Dentistry: Gateway to Good Health” campaign, entered in the public service category, won an Award of Distinction for encompassing vital components of outreach. The campaign also won a Judges Award for best use of a limited budget. The FDA’s monthly publication, Today’s FDA, was entered in the publications category and won first place in its division! This was the first year the FDA’s projects have been honored by the FPRA.
May Member Voices Survey Question
Did you receive the FDA mailing or email regarding the FTC’s new “red flags rule” pertaining to identity theft and office procedures? If yes, was the information helpful?
We want to hear from you! Take the survey and let us know.
April Member Voices Results
The April Member Voices survey asked: Do you regularly use social networking Web sites to connect either socially or professionally? If so, which sites do you visit?
· 43 percent of members responded “yes,” they regularly use social networking sites
· 57 percent of members responded “no,” they do not regularly use social networking sites
Of the members who responded “yes,” 100 percent use Facebook, 33 percent use Myspace, 33 percent use LinkedIn, and 17 percent use Twitter. Of the members who responded “no,” 62 percent indicated that they would consider using social networking sites in the future.
Thank you, members, for your participation. Your opinion counts!