Florida/Georgia Personal Injury & Workers Compensation

...On appeal, appellant complains that the area of expertise to which the final order is directed is actually one regulated under chapter 464 by the Board of Nursing, since it pertains to advanced level nursing. Appellant also points to appellee's reliance in its order on section 466.002(2), and argues that that section in fact exempts such a directly supervised relationship from the Dental Practice Act....

...ing in the administration of anesthesia to supervise directly a nurse anesthetist merely by his presence alone is unreasonable. [3] Since they relate to similar subject matter, those sections must be read in pari materia with sections 466.017(3)(c), 466.002(2), and 466.003(8). Indeed, by their own terms, sections 464.003(3)(c) and 464.012(4)(a) mandate the observation of the dental profession's established protocol. Appellant's reliance on the exemption provision of section 466.002(2) is as equally unfounded and ignores the definition of "direct supervision" in section 466.003(8)....

...Certainly, a dentist with no training in the administration of anesthesia, its complications, and its consequences is not in a position under the statute to authorize or approve the administration of anesthesia to a patient. Moreover, as appellee maintains, the exemption contained in section 466.002(2) is there to relieve the nurse anesthetist from the necessity of being licensed under chapter 466; it is not intended to place the dentist-nurse anesthetist relationship under the aegis of chapter 464....

...a dentist diagnoses the condition to be treated, a dentist authorizes the procedure to be performed, a dentist remains on the premises while the procedures are performed, and a dentist approves the work performed before dismissal of the patient. [2] Section 466.002(2) exempts from the operation of chapter 466 "[t]he giving by a qualified anesthetist of an anesthetic for a dental operation under the direct supervision of a licensed dentist." [3] Section 464.003(3)(c) provides in relevant part: Un...

perform those duties allowed under Fla. Stat. § 466.02(4): "Pursuant to rules and regulations promulgated