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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the practice of dentistry; amending 2
s. 466.003, F.S.; defining the term "digital 3
scanning"; amending s. 466.016, F.S.; requiring 4
dentists to provide each patient with specified 5
information; requiring individuals and entities that 6
provide dental services through telehealth to provide 7
each patient with specified information regarding the 8
dentists treating such patient; amending s. 466 .018, 9
F.S.; requiring that there be a dentist of record for 10
each patient treated through telehealth; subjecting 11
such dentists to certain requirements; requiring 12
individuals and entities that provide dental services 13
through telehealth to make specified info rmation 14
available to each patient before rendering such 15
services and at any time upon patient request; 16
providing construction; amending s. 466.019, F.S.; 17
defining the term "advertisement"; requiring that 18
advertisements of specified dental services provided 19
through telehealth contain a specified disclaimer; 20
amending s. 466.028, F.S.; providing additional 21
grounds for disciplinary action against dental 22
practitioners; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Section 1. Present subsections (8) through (15) of section 27
466.003, Florida Statutes, are redesignated as subsections (9) 28
through (16), respectively, a new subsection (8) is added to 29
that section, and present subsection (15) of that section is 30
amended, to read: 31
466.003 Definitions. —As used in this chapter: 32
(8) "Digital scanning" means the use of digital technology 33
that creates a computer -generated replica of the hard and soft 34
tissue of the oral cavity using enhanced digital photography, 35
lasers, or other optical scanning devices. 36
(16)(15) "School-based prevention program" means 37
preventive oral health services offered at a school by one of 38
the entities defined in subsection (15) (14) or by a nonprofit 39
organization that is exempt from federal income ta xation under 40
s. 501(a) of the Internal Revenue Code, and described in s. 41
501(c)(3) of the Internal Revenue Code. 42
Section 2. Section 466.016, Florida Statutes, is amended 43
to read: 44
466.016 License to be displayed. — 45
(1) Every practitioner of dentistry or dental hygiene 46
within the meaning of this chapter shall post and keep 47
conspicuously displayed her or his license in the office wherein 48
she or he practices, in plain sight of the practitioner's 49
patients. Any dentist or dental hygienist who practices at more 50
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than one location must shall be required to display a copy of 51
her or his license in each office where she or he practices. 52
(2) Every dentist shall provide each of her or his 53
patients with the dentist's name, contact telephone number, 54
after-hours contact information for emergencies, and, upon the 55
patient's request, license information. 56
(3) Any individual, partnership, corporation, or other 57
entity that provides dental services through telehealth as 58
defined in s. 456.47 shall provide each patient with the name, 59
contact telephone number, after -hours contact information for 60
emergencies, and, upon the patient's request, license 61
information of each dentist who provides dental services to the 62
patient through telehealth. 63
Section 3. Subsection (6) is adde d to section 466.018, 64
Florida Statutes, to read: 65
466.018 Dentist of record; patient records. — 66
(6) For any patient treated through telehealth as defined 67
in s. 456.47, there must be a dentist of record who remains 68
primarily responsible for all dental tre atment on the patient 69
regardless of whether the treatment is rendered by the dentist 70
of record or by another dentist, dental hygienist, or dental 71
assistant rendering such treatment in conjunction with, at the 72
direction or request of, or under the supervisi on of such 73
dentist of record. A dentist of record for a patient treated 74
through telehealth is subject to all of the requirements of this 75
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section applicable to dentists of record. 76
(a) Any individual, partnership, corporation, or other 77
entity that provides dental services through telehealth shall 78
make available the name, telephone number, practice address, and 79
state license number for the dentist of record and any other 80
dentist who will be involved in the provision of services to a 81
patient before the render ing of such services and at any time 82
requested by a patient. 83
(b) This subsection may not be construed to assign any 84
responsibility to a dentist of record for treatment rendered 85
pursuant to a proper referral to another dentist who is not in 86
the same practice with the dentist of record or to prohibit a 87
patient from voluntarily selecting a new dentist without 88
permission of the dentist of record. 89
Section 4. Section 466.019, Florida Statutes, is amended 90
to read: 91
466.019 Advertising by denti sts.— 92
(1) As used in this section, the term "advertisement" 93
means a representation disseminated in any manner or by any 94
means to solicit patients and includes, but is not limited to, 95
business cards, circulars, pamphlets, newspapers, websites, and 96
social media. 97
(2) The purpose of this section is to ensure that the 98
public has access to information which provides a sufficient 99
basis upon which to make an informed selection of dentists while 100
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also ensuring that the public is protected from false or 101
misleading advertisements which would detract from a fair and 102
rational selection process. The board shall adopt rules to carry 103
out the intent of this section, the purpose of which shall be to 104
regulate the manner of such advertising in keeping with the 105
provisions hereof. 106
(3)(2) An No advertisement by a licensed dentist may not 107
shall contain any false, fraudulent, misleading, or deceptive 108
statement or claim or any statement or claim which: 109
(a) Contains misrepresentations of fact; 110
(b) Is likely to mislead or decei ve because in context it 111
makes only a partial disclosure of relevant facts; 112
(c) Contains laudatory statements about the dentist or 113
group of dentists; 114
(d) Is intended or is likely to create false, unjustified 115
expectations of favorable results; 116
(e) Relates to the quality of dental services provided as 117
compared to other available dental services; 118
(f) Is intended or is likely to appeal primarily to a 119
layperson's fears; 120
(g) Contains fee information without a disclaimer that 121
such is a minimum fee only; or 122
(h) Contains other representations or implications that in 123
reasonable probability will cause an ordinary, prudent person to 124
misunderstand or to be deceived. 125
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(4) An advertisement of dental services provided through 126
telehealth as defined in s. 456.47 must include a disclaimer 127
that reads, in a clearly legible font and size, "An in -person 128
examination with a dentist licensed under chapter 466, Florida 129
Statutes, is recommended before beginning telehealth treatment 130
in order to prevent injury or harm" for ea ch of the following 131
services, if advertised: 132
(a) The taking of an impression or the digital scanning of 133
the human tooth, teeth, or jaws, directly or indirectly and by 134
any means or method. 135
(b) Furnishing, supplying, constructing, reproducing, or 136
repairing any prosthetic denture, bridge, or appliance or any 137
other structure designed to be worn in the human mouth. 138
(c) Placing an appliance or a structure in the human mouth 139
or adjusting or attempting to adjust the appliance or structure. 140
(d) Correcting or attempting to correct malformations of 141
teeth or jaws. 142
(5)(3) For purposes of this section, D.D.S. or D.M.D. are 143
synonymous and may be used interchangeably by licensed dentists 144
who have graduated from an accredited American dental school 145
with a D.D.S. or D.M.D. degree, when advertising dental 146
services. 147
Section 5. Present paragraph (mm) of subsection (1) of 148
section 466.028, Florida Statutes, is redesignated as paragraph 149
(pp), and a new paragraph (mm) and paragraphs (nn) and (oo) are 150
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added to that subsection, to read: 151
466.028 Grounds for disciplinary action; action by the 152
board.— 153
(1) The following acts constitute grounds for denial of a 154
license or disciplinary action, as specified in s. 456.072(2): 155
(mm) Failure by the dentist of record, before the initial 156
diagnosis and correction of a malposition of human teeth or 157
initial use of an orthodontic appliance, to perform an in -person 158
examination of the patient or obtain records from an in -person 159
examination within the last 6 months and to perform a review of 160
the patient's most recent diagnostic digital or conventional 161
radiographs or other equivalent bone imaging suitable for 162
orthodontia. 163
(nn) For dental services provided in -person or through 164
telehealth by an individual, a partnership, a corporation, or 165
any other entity, failing to provide each patient with the name, 166
contact telephone number, after -hours contact information for 167
emergencies, and, upon the patient's request, the license 168
information of each dentist who is providing dental services to 169
the patient. 170
(oo) For dental services provided through telehealth by an 171
individual, a partnership, a corporation, or any other entity, 172
failing to designate a dentist of record and make available, 173
before the rendering of such services and upon the patient's 174
request, the name, telephone number, practice address, and state 175
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license number for the dentist of record and any other dentist 176
who will be involved in the provision of dental services to the 177
patient through telehealth. 178
Section 6. This act shall take effect July 1, 2023. 179