Florida Senate - 2024 SB 302
By Senator Boyd
20-00342-24 2024302__
1 A bill to be entitled
2 An act relating to dental services; amending s.
3 466.003, F.S.; defining the term “digital scanning”;
4 amending s. 466.016, F.S.; requiring every dentist and
5 certain individuals, partnerships, corporations, and
6 other entities to provide specified information to
7 certain patients; amending s. 466.018, F.S.; requiring
8 a dentist of record to remain primarily responsible
9 for all dental treatments for a patient treated
10 through telehealth; requiring any individual,
11 partnership, corporation, or other entity that
12 provides dental services through telehealth to make
13 available specified information; providing
14 construction; amending s. 466.019, F.S.; defining the
15 term “advertisement”; requiring advertisements of
16 dental services provided through telehealth to include
17 a specified disclaimer for certain dental services;
18 amending s. 466.028, F.S.; providing grounds for
19 disciplinary action; providing applicability;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Present subsections (8) through (15) of section
25 466.003, Florida Statutes, are redesignated as subsections (9)
26 through (16), respectively, a new subsection (8) is added to
27 that section, and present subsection (15) of that section is
28 amended, to read:
29 466.003 Definitions.—As used in this chapter:
30 (8) “Digital scanning” means the use of digital technology
31 that creates a computer-generated replica of the hard and soft
32 tissue of the oral cavity using enhanced digital photography,
33 lasers, or other optical scanning devices.
34 (16)(15) “School-based prevention program” means preventive
35 oral health services offered at a school by one of the entities
36 defined in subsection (15) (14) or by a nonprofit organization
37 that is exempt from federal income taxation under s. 501(a) of
38 the Internal Revenue Code, and described in s. 501(c)(3) of the
39 Internal Revenue Code.
40 Section 2. Section 466.016, Florida Statutes, is amended to
41 read:
42 466.016 License to be displayed.—
43 (1) Every practitioner of dentistry or dental hygiene
44 within the meaning of this chapter shall post and keep
45 conspicuously displayed her or his license in the office wherein
46 she or he practices, in plain sight of the practitioner’s
47 patients. Any dentist or dental hygienist who practices at more
48 than one location shall be required to display a copy of her or
49 his license in each office where she or he practices.
50 (2) Every dentist shall provide each of her or his patients
51 with her or his name, contact telephone number, after-hours
52 contact information for emergencies, and, upon the patient’s
53 request, license information.
54 (3) Any individual, partnership, corporation, or other
55 entity that provides dental services through telehealth as
56 defined in s. 456.47(1) shall provide each patient with the
57 name, contact telephone number, after-hours contact information
58 for emergencies, and, upon the patient’s request, license
59 information of each dentist who provides dental services through
60 telehealth to that patient.
61 Section 3. Subsection (6) is added to section 466.018,
62 Florida Statutes, to read:
63 466.018 Dentist of record; patient records.—
64 (6) For any patient treated through telehealth as defined
65 in s. 456.47(1), there must be a dentist of record who remains
66 primarily responsible for all dental treatments on the patient,
67 regardless of whether the treatment is rendered by the dentist
68 of record or by another dentist, dental hygienist, or dental
69 assistant rendering such treatment in conjunction with, at the
70 direction or request of, or under the supervision of such
71 dentist of record. A dentist of record for a patient treated
72 through telehealth is subject to all of the requirements of this
73 section applicable to dentists of record.
74 (a) Any individual, partnership, corporation, or other
75 entity that provides dental services through telehealth shall
76 make available the name, contact telephone number, practice
77 address, and state license number for the dentist of record and
78 any other dentist who provides dental services to a patient
79 before the rendering of such services and at any time such
80 information is requested by a patient.
81 (b) This subsection may not be construed to assign any
82 responsibility to a dentist of record for treatment rendered
83 pursuant to a proper referral to another dentist who is not in
84 the same practice with the dentist of record or to prohibit a
85 patient from voluntarily selecting a new dentist without
86 permission of the dentist of record.
87 Section 4. Section 466.019, Florida Statutes, is amended to
88 read:
89 466.019 Advertising by dentists.—
90 (1) As used in this section, the term “advertisement” means
91 a representation disseminated in any manner or by any means to
92 solicit patients, including, but not limited to, business cards,
93 circulars, pamphlets, newspapers, websites, and social media
94 platforms.
95 (2) The purpose of this section is to ensure that the
96 public has access to information that which provides a
97 sufficient basis upon which to make an informed selection of
98 dentists while also ensuring that the public is protected from
99 false or misleading advertisements that which would detract from
100 a fair and rational selection process. The board shall adopt
101 rules to carry out the intent of this section, the purpose of
102 which is shall be to regulate the manner of such advertising in
103 keeping with the provisions hereof.
104 (3)(2) An No advertisement by a licensed dentist may not
105 shall contain any false, fraudulent, misleading, or deceptive
106 statement or claim or any statement or claim that which:
107 (a) Contains misrepresentations of fact;
108 (b) Is likely to mislead or deceive because in context it
109 makes only a partial disclosure of relevant facts;
110 (c) Contains laudatory statements about the dentist or
111 group of dentists;
112 (d) Is intended or is likely to create false, unjustified
113 expectations of favorable results;
114 (e) Relates to the quality of dental services provided as
115 compared to other available dental services;
116 (f) Is intended or is likely to appeal primarily to a
117 layperson’s fears;
118 (g) Contains fee information without a disclaimer that such
119 is a minimum fee only; or
120 (h) Contains other representations or implications that in
121 reasonable probability will cause an ordinary, prudent person to
122 misunderstand or to be deceived.
123 (4) An advertisement for dental services provided through
124 telehealth as defined in s. 456.47(1) must include a disclaimer
125 that reads, in a clearly legible font and size, “An in-person
126 examination with a dentist licensed under chapter 466, Florida
127 Statutes, is recommended before beginning telehealth treatment
128 in order to prevent injury or harm” for each of the following
129 services, if advertised:
130 (a) The taking of an impression or the digital scanning of
131 the human tooth, teeth, or jaws, directly or indirectly and by
132 any means or method.
133 (b) Furnishing, supplying, constructing, reproducing, or
134 repairing any prosthetic denture, bridge, or appliance or any
135 other structure designed to be worn in the human mouth.
136 (c) Placing an appliance or a structure in the human mouth
137 or adjusting or attempting to adjust the appliance or structure.
138 (d) Correcting or attempting to correct malformations of
139 teeth or jaws.
140 (5)(3) For purposes of this section, D.D.S. or D.M.D. are
141 synonymous and may be used interchangeably by licensed dentists
142 who have graduated from an accredited American dental school
143 with a D.D.S. or D.M.D. degree, when advertising dental
144 services.
145 Section 5. Present paragraph (mm) of subsection (1) of
146 section 466.028, Florida Statutes, is redesignated as paragraph
147 (pp), and a new paragraph (mm) and paragraphs (nn) and (oo) are
148 added to that subsection, to read:
149 466.028 Grounds for disciplinary action; action by the
150 board.—
151 (1) The following acts constitute grounds for denial of a
152 license or disciplinary action, as specified in s. 456.072(2):
153 (mm) Failure by the dentist of record, before the initial
154 diagnosis and correction of a malposition of human teeth or
155 initial use of an orthodontic appliance, to perform an in-person
156 examination of the patient or obtain records from an in-person
157 examination within the last 6 months and to perform a review of
158 the patient’s most recent diagnostic digital or conventional
159 radiographs or other equivalent bone imaging suitable for
160 orthodontia. This paragraph does not apply to providing emergent
161 care, to providing care in connection with a public health
162 program, or to making an initial diagnosis of a malposition of
163 teeth and a determination of the need for an orthodontic
164 appliance. Such an initial diagnosis and determination must be
165 confirmed through an in-person examination and review of the
166 patient’s most recent diagnostic digital or conventional
167 radiographs before the patient begins using the orthodontic
168 appliance.
169 (nn) For dental services provided in person or through
170 telehealth by an individual, a partnership, a corporation, or
171 any other entity, failing to provide each patient with the name,
172 contact telephone number, after-hours contact information for
173 emergencies, and, upon the patient’s request, the license
174 information of each dentist who is providing dental services to
175 the patient.
176 (oo) For dental services provided through telehealth by an
177 individual, a partnership, a corporation, or any other entity,
178 failing to designate a dentist of record and make available,
179 before the rendering of such services and upon the patient’s
180 request, the name, contact telephone number, practice address,
181 and state license number for the dentist of record and any other
182 dentist who will provide dental services to the patient through
183 telehealth.
184 Section 6. This act shall take effect July 1, 2024.