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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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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 partnerships, corporations, or other business 5
entities to designate with the board a dentist of 6
record and provide specified information to certain 7
patients; amending s. 466.019, F.S.; defining the term 8
"advertisement"; requiring advertisements of dental 9
services provided through telehealth to include a 10
specified disclaimer for certain dental services; 11
amending s. 466.028, F.S.; providing penalties for 12
specified acts; creating s. 466.0281, F.S.; providing 13
requirements for initial examination for ort hodontic 14
appliances; defining the term "in -person examination"; 15
providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Subsections (8) through (15) of section 20
466.003, Florida Statutes, are renumbered as subsections (9) 21
through (16) respectively, present subsection (15) is amended, 22
and a new subsection (8) is created, to read: 23
466.003 Definitions. —As used in this chapter: 24
(8) "Digital scanning" means the use of digital technology 25
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that creates a comput er-generated replica of the hard and soft 26
tissue of the oral cavity using enhanced digital photography, 27
lasers, or other optical scanning devices. 28
(16)(15) "School-based prevention program" means 29
preventive oral health services offered at a school by one of 30
the entities defined in subsection (15) (14) or by a nonprofit 31
organization that is exempt from federal income taxation under 32
s. 501(a) of the Internal Revenue Code, and described in s. 33
501(c)(3) of the Internal Revenue Code. 34
Section 2. Section 466 .016, Florida Statutes, is amended 35
to read: 36
466.016 License to be displayed. — 37
(1) Every practitioner of dentistry or dental hygiene 38
within the meaning of this chapter shall post and keep 39
conspicuously displayed her or his license in the office wherein 40
she or he practices, in plain sight of the practitioner's 41
patients. Any dentist or dental hygienist who practices at more 42
than one location must shall be required to display a copy of 43
her or his license in each office where she or he practices. 44
(2) Every dentist shall provide each of her or his 45
patients with her or his name, contact telephone number, after -46
hours contact information for emergencies, and license 47
information. 48
(3) Any partnership, corporation, or other business entity 49
that advertises dental services shall designate with the board a 50
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dentist of record and provide each patient with the name, 51
contact telephone number, after -hours contact information for 52
emergencies, and, upon the patient's request, license 53
information of the dentist record. The designated dentist shall 54
have a full, active, and unencumbered license under this chapter 55
or a registration pursuant to s. 456.47. 56
Section 3. Section 466.019, Florida Statutes, is amended 57
to read: 58
466.019 Advertising by dentists. — 59
(1) As used in this section, the term "advertisement" 60
means a representation disseminated in any manner or by any 61
means to solicit patients, including, but not limited to, 62
business cards, circulars, pamphlets, newspapers, websites, and 63
social media. 64
(2)(1) The purpose of this section is to ensure that the 65
public has access to information which provides a sufficient 66
basis upon which to make an informed selection of dentists while 67
also ensuring that the public is protected from false or 68
misleading advertisements which would detract from a fair and 69
rational selection process. The board shall adopt rules to carry 70
out the intent of this section, the purpose of which shall be to 71
regulate the manner of such advertising in keeping with the 72
provisions hereof. 73
(3)(2) An No advertisement by a licensed dentist may not 74
shall contain any false, fraudulent, misleading, or deceptive 75
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statement or claim or any statement or claim which: 76
(a) Contains misrepresentations of fact; 77
(b) Is likely to mislead or deceive because in conte xt it 78
makes only a partial disclosure of relevant facts; 79
(c) Contains laudatory statements about the dentist or 80
group of dentists; 81
(d) Is intended or is likely to create false, unjustified 82
expectations of favorable results; 83
(e) Relates to the quality of dental services provided as 84
compared to other available dental services; 85
(f) Is intended or is likely to appeal primarily to a 86
layperson's fears; 87
(g) Contains fee information without a disclaimer that 88
such is a minimum fee only; or 89
(h) Contains other representations or implications that in 90
reasonable probability will cause an ordinary, prudent person to 91
misunderstand or to be deceived. 92
(4) An advertisement of dental services provided through 93
telehealth as defined in s. 456.47(1) must include a d isclaimer 94
that reads, in a clearly legible font and size, "An in -person 95
examination with a dentist licensed under chapter 466, Florida 96
Statutes, is recommended before beginning telehealth treatment 97
in order to prevent injury or harm" for each of the follow ing 98
services, if advertised: 99
(a) The taking of an impression or the digital scanning of 100
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the human tooth, teeth, or jaws, directly or indirectly and by 101
any means or method. 102
(b) Furnishing, supplying, constructing, reproducing, or 103
repairing any prostheti c denture, bridge, or appliance or any 104
other structure designed to be worn in the human mouth. 105
(c) Placing an appliance or a structure in the human mouth 106
or adjusting or attempting to adjust the appliance or structure.107
(d) Correcting or attempting to co rrect malformations of 108
teeth or jaws. 109
(5)(3) For purposes of this section, D.D.S. or D.M.D. are 110
synonymous and may be used interchangeably by licensed dentists 111
who have graduated from an accredited American dental school 112
with a D.D.S. or D.M.D. degree, w hen advertising dental 113
services. 114
Section 4. Paragraph (mm) of subsection (1) of section 115
466.028, Florida Statutes, is redesignated as paragraph (pp) and 116
new paragraphs (mm) and (nn) are added to subsection (1) of that 117
section, to read: 118
466.028 Grounds for disciplinary action; action by the 119
board.— 120
(1) The following acts constitute grounds for denial of a 121
license or disciplinary action, as specified in s. 456.072(2): 122
(mm) Failure by the dentist of record, before the initial 123
diagnosis and correction of a malposition of human teeth or 124
initial use of an orthodontic appliance, to perform an in -person 125
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examination of the patient or obtain records from an in -person 126
examination within the last 12 months and to perform a review of 127
the patient's most recent d iagnostic digital or conventional 128
radiographs or other equivalent bone imaging suitable for 129
orthodontia. 130
(nn) Failing to provide each patient with the name, 131
contact telephone number, after -hours contact information for 132
emergencies, and the license inform ation of each dentist who is 133
providing dental services to the patient. 134
Section 5. Section 466.0281, Florida Statutes, is created 135
to read: 136
466.0281 Initial examination for orthodontic appliance. —137
Before the initial diagnosis and correction of a malposi tion of 138
human teeth or initial use of an orthodontic appliance, a 139
dentist must perform an in -person examination of the patient or 140
obtain records from an in -person examination within the previous 141
12 months and to perform a review of the patient's most recen t 142
diagnostic digital or conventional radiographs or other 143
equivalent bone imaging suitable for orthodontia. The term "in -144
person examination" means an examination conducted by a dentist 145
while the dentist is physically present in the same room as the 146
patient. 147
Section 6. This act shall take effect July 1, 2024. 148