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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 dental services; amending s. 2
466.003, F.S.; revising and providing definitions; 3
amending s. 466.016, F.S.; requiring every dentist and 4
certain individuals, partnerships, corporations, or 5
other entities to provide specified information to 6
certain patients; amending s. 466.018, F.S.; requiring 7
a dentist of record to remain primarily responsible 8
for all dental treatments for a patient treate d 9
through telehealth; requiring any individual, 10
partnership, corporation, or other entity that 11
provides dental services through telehealth to make 12
available specified information; providing 13
construction; amending s. 466.019, F.S.; defining the 14
term "advertisement"; requiring advertisements of 15
dental services provided through telehealth to include 16
a specified disclaimer for certain dental services; 17
amending s. 466.028, F.S.; providing penalties for 18
specified acts; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Subsections (8) through (15) of section 23
466.003, Florida Statutes, are renumbered as subsections (9) 24
through (16) respectively, present subsection (15) is amended, 25
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and a new subsection (8) is created, to read: 26
466.003 Definitions. —As used in this chapter: 27
(8) "Digital scanning" means the use of digital technology 28
that creates a computer -generated replica of the hard and soft 29
tissue of the oral cavity using enhanced digital photography, 30
lasers, or other optical scanning devices. 31
(16)(15) "School-based prevention program" means 32
preventive oral health services offered at a school by one of 33
the entities defined in subsection (15) (14) or by a nonprofit 34
organization that is exempt from federal income taxation under 35
s. 501(a) of the Internal Revenue Code, and described in s. 36
501(c)(3) of the Internal Revenue Code. 37
Section 2. Section 466.016, Florida Statutes, is amended 38
to read: 39
466.016 License to be displayed. — 40
(1) Every practitioner of dentistry or dental hygiene 41
within the meaning of this chapter shall post and keep 42
conspicuously displayed her or his license in the office wherein 43
she or he practices, in plain sight of the practitioner's 44
patients. Any dentist or dental hygienist who prac tices at more 45
than one location must shall be required to display a copy of 46
her or his license in each office where she or he practices. 47
(2) Every dentist shall provide each of her or his 48
patients with her or his name, contact telephone number, after -49
hours contact information for emergencies, and, upon the 50
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patient's request, license information. 51
(3) Any individual, partnership, corporation, or other 52
entity that provides dental services through telehealth as 53
defined in s. 456.47(1) shall provide each pat ient with the 54
name, contact telephone number, after -hours contact information 55
for emergencies, and, upon the patient's request, license 56
information of each dentist who provides dental services through 57
telehealth to the patient. 58
Section 3. Subsection (6 ) is added to section 466.018, 59
Florida Statutes, to read: 60
466.018 Dentist of record; patient records. — 61
(6) For any patient treated through telehealth as defined 62
in s. 456.47(1), there must be a dentist of record who remains 63
primarily responsible for al l dental treatments on the patient 64
regardless of whether the treatment is rendered by the dentist 65
of record or by another dentist, dental hygienist, or dental 66
assistant rendering such treatment in conjunction with, at the 67
direction or request of, or under the supervision of, such 68
dentist of record. A dentist of record for a patient treated 69
through telehealth is subject to all of the requirements of this 70
section applicable to dentists of record. 71
(a) Any individual, partnership, corporation, or other 72
entity that provides dental services through telehealth shall 73
make available the name, telephone number, practice address, and 74
state license number for the dentist of record and any other 75
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dentist who provides dental services to a patient before the 76
rendering of such services and at any time requested by a 77
patient. 78
(b) This subsection may not be construed to assign any 79
responsibility to a dentist of record for treatment rendered 80
pursuant to a proper referral to another dentist who is not in 81
the same practice with the dentist of record or to prohibit a 82
patient from voluntarily selecting a new dentist without 83
permission of the dentist of record. 84
Section 4. Section 466.019, Florida Statutes, is amended 85
to read: 86
466.019 Advertising by dentists. — 87
(1) As used in this section, the term "advertisement" 88
means a representation disseminated in any manner or by any 89
means to solicit patients including, but not limited to, 90
business cards, circulars, pamphlets, newspapers, websites, and 91
social media. 92
(2)(1) The purpose of this section is to ensure that the 93
public has access to information which provides a sufficient 94
basis upon which to make an informed selection of dentists while 95
also ensuring that the public is protected from false or 96
misleading advertisements wh ich would detract from a fair and 97
rational selection process. The board shall adopt rules to carry 98
out the intent of this section, the purpose of which shall be to 99
regulate the manner of such advertising in keeping with the 100
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provisions hereof. 101
(3)(2) An No advertisement by a licensed dentist may not 102
shall contain any false, fraudulent, misleading, or deceptive 103
statement or claim or any statement or claim which: 104
(a) Contains misrepresentations of fact; 105
(b) Is likely to mislead or deceive because in cont ext it 106
makes only a partial disclosure of relevant facts; 107
(c) Contains laudatory statements about the dentist or 108
group of dentists; 109
(d) Is intended or is likely to create false, unjustified 110
expectations of favorable results; 111
(e) Relates to the qualit y of dental services provided as 112
compared to other available dental services; 113
(f) Is intended or is likely to appeal primarily to a 114
layperson's fears; 115
(g) Contains fee information without a disclaimer that 116
such is a minimum fee only; or 117
(h) Contains other representations or implications that in 118
reasonable probability will cause an ordinary, prudent person to 119
misunderstand or to be deceived. 120
(4) An advertisement of dental services provided through 121
telehealth as defined in s. 456.47(1) must include a disclaimer 122
that reads, in a clearly legible font and size, "An in -person 123
examination with a dentist licensed under chapter 466, Florida 124
Statutes, is recommended before beginning telehealth treatment 125
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in order to prevent injury or harm" for each of the follo wing 126
services, if advertised: 127
(a) The taking of an impression or the digital scanning of 128
the human tooth, teeth, or jaws, directly or indirectly and by 129
any means or method. 130
(b) Furnishing, supplying, constructing, reproducing, or 131
repairing any prosthet ic denture, bridge, or appliance or any 132
other structure designed to be worn in the human mouth. 133
(c) Placing an appliance or a structure in the human mouth 134
or adjusting or attempting to adjust the appliance or structure.135
(d) Correcting or attempting to c orrect malformations of 136
teeth or jaws. 137
(5)(3) For purposes of this section, D.D.S. or D.M.D. are 138
synonymous and may be used interchangeably by licensed dentists 139
who have graduated from an accredited American dental school 140
with a D.D.S. or D.M.D. degree, when advertising dental 141
services. 142
Section 5. Paragraph (mm) of subsection (1) of section 143
466.028, Florida Statutes, is redesignated as paragraph (pp) and 144
a new paragraph (mm) and paragraphs (nn) and (oo) are added to 145
subsection (1) of that section, to read: 146
466.028 Grounds for disciplinary action; action by the 147
board.— 148
(1) The following acts constitute grounds for denial of a 149
license or disciplinary action, as specified in s. 456.072(2): 150
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(mm) Failure by the dentist of record, before the initial 151
diagnosis and correction of a malposition of human teeth or 152
initial use of an orthodontic appliance, to perform an in -person 153
examination of the patient or obtain records from an in -person 154
examination within the last 6 months and to perform a review of 155
the patient's most recent diagnostic digital or conventional 156
radiographs or other equivalent bone imaging suitable for 157
orthodontia. This subsection does not apply to providing 158
emergent care, to care provided in connection with a public 159
health program, or to make an initial diagnosis of a malposition 160
of teeth and a determination of the need for an orthodontic 161
appliance. Such an initial diagnosis and determination must be 162
confirmed through an in -person examination and review of the 163
patient's most recent diagnostic digital or conventional 164
radiographs before the patient begins using the orthodontic 165
appliance. 166
(nn) For dental services provided in person or through 167
telehealth by an individual, a partnership, a corporation, or 168
any other entity, failing to provide each patient with the name, 169
contact telephone number, after -hours contact information for 170
emergencies, and, upon the patient's request, the license 171
information of each dentist who is providing dental services to 172
the patient. 173
(oo) For dental services provide d through telehealth by an 174
individual, a partnership, a corporation, or any other entity, 175
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failing to designate a dentist of record and make available, 176
before the rendering of such services and upon the patient's 177
request, the name, telephone number, practic e address, and state 178
license number for the dentist of record and any other dentist 179
who will provide dental services to the patient through 180
telehealth. 181
Section 6. This act shall take effect July 1, 2024. 182