Rule 64B5-12.016, F.A.C., Subject Area Requirements.

(4) Notwithstanding any other provision of this section to the contrary, a dentist may earn up to three hours of continuing education renewal credit per biennium, by completing an approved course in dentistry practice management, that meets the criteria set forth in Section 466.0135(1)(c), F.S.

Rule 64B5-4.002 Florida Admin. Code forbids laudatory statements about a dentist and statements that relate to the quality of dental services provided as compared to other obtainable dental services.

The BOD concurred that allowing one’s name to appear in a listing of the “best dentists” is a laudatory statement and it is “a violation of the advertising laws and rules”.

The information was directed to the Florida Department of Agriculture and Consumer Services, Division of Consumer Services for legal review. Disciplinary action may be taken against any dentists whose names appear in a listing of the “best dentists”.

For more information regarding dental advertising regulations – visit www.floridadental.org for a copy of the guide “Advertising Do’s and Dont's”.

From the FDA Dental Health Program Office:

Dentists and dental hygienists who have earned CE credits for pro bono care from March 1 - December 24, 2006 of the current biennial licensure period should multiply those CE credits by 3 to get the actual value of them under the BOD rule change that occurred on December 25, 2006 that raised the maximum CE credit hours for pro bono care that could be earned under Project: Dentists care from 5 to 7, and changed the ratio of CE hours earned per actual hours worked from 3 hours worked for every (1) CE hour earned to one (1) hour worked for every (1) hour earned. Clarification of this came from Joy Tootle, Board Council for the Florida Board of Dentistry

Example: 2 CE hours earned before 12/25/07 of the current biennium are actually worth 6 CE hours based on the new system of one (1) CE hour for every hour worked.
         1 CE hour earned after 12/25/07 of the current biennium is worth 1 CE hour.

In the example above, the credits that were earned are equivalent to 7 CE hours worked on a one to one ratio, and are the maximum that can be claimed for the current biennium. Basically up to 25% of CE hours required for relicensure can come from CE credit given for pro bono care provided.

DATE: January 11, 2008

SUBMITTED BY: FDA Staff

STATUS REPORT: TOOTH WHITENING

Florida law makes it a felony (unlicensed practice of dentistry) for a non-dentist to provide, or offer to provide, tooth-whitening services. The law allows tooth whitening supplies to be sold directly to consumers and it allows consumers to apply whitening products to their own teeth. But offering to perform, or actually performing, the service for another person is the practice of dentistry, such that only a Florida-licensed dentist may lawfully do it.

While the law is clear, enforcement has been slow and the number of bleaching kiosks is rising at an alarming rate. Business-owners may not know that a dental license is required if they place the products in, or take an impression of, a consumer’s mouth. Yet ignorance of the law is no excuse. Prosecutors may be reluctant to pursue felony charges if they believe – incorrectly – that there is no danger to the patient from tooth whitening. Yet they are sworn to uphold the law. Prosecutors may believe that the punishment far exceeds the seriousness of the crime. Yet the public goes unprotected if the rule of law is compromised. Enforcement agencies may be reluctant to divert meager resources to tooth-whitening choosing instead to focus only on “major” crimes. Yet there is money in the budget to prosecute unlicensed activity and it is indeed a felony. Investigators may face considerable challenges because tooth whitening operations are often set up at very temporary, easily relocated, locations where the business owner in not present to be served with process. Yet these challenges are present with all criminal activity, not just unlicensed practice.

The issue has attracted the attention of the Florida Board of Dentistry but the BOD has no authority to prosecute criminal violations and no authority at all over non-licensees. Instead, unlicensed activity is prosecuted by the Florida Department of Health.

Dentists who want to report unlicensed activity should contact the Department of Health, not the Board of Dentistry. The telephone number to report unlicensed activity is 877-HALT-ULA (877-425-8852).