Florida Statute 466.024 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 466
DENTISTRY, DENTAL HYGIENE, AND DENTAL LABORATORIES

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F.S. 466.024

466.024 Delegation of duties; expanded functions.—

(1) A dentist may not delegate irremediable tasks to a dental hygienist or dental assistant, except as provided by law. A dentist may delegate remediable tasks to a dental hygienist or dental assistant when such tasks pose no risk to the patient. A dentist may only delegate remediable tasks so defined by law or rule of the board. The board by rule shall designate which tasks are remediable and delegable, except that the following are by law found to be remediable and delegable:

(a) Taking impressions for study casts but not for the purpose of fabricating any intraoral restorations or orthodontic appliance.

(b) Placing periodontal dressings.

(d) Removing sutures.

(e) Placing or removing rubber dams.

(f) Placing or removing matrices.

(g) Placing or removing temporary restorations.

(h) Applying cavity liners, varnishes, or bases.

(i) Polishing amalgam restorations.

(j) Polishing clinical crowns of the teeth for the purpose of removing stains but not changing the existing contour of the tooth.

(k) Obtaining bacteriological cytological specimens not involving cutting of the tissue.

(l) Administering local anesthesia pursuant to s. 466.017(5).

This subsection does not limit delegable tasks to those specified herein.

(2) A dental hygienist licensed in this state may perform the following remediable tasks in a health access setting as defined in s. 466.003 without the physical presence, prior examination, or authorization of a dentist:

(a) Perform dental charting as defined in s. 466.0235 and as provided by rule.

(b) Measure and record a patient’s blood pressure rate, pulse rate, respiration rate, and oral temperature.

(d) Apply topical fluorides, including fluoride varnishes, which are approved by the American Dental Association or the Food and Drug Administration.

(e) Apply dental sealants.

(f) Remove calculus deposits, accretions, and stains from exposed surfaces of the teeth and from tooth surfaces within the gingival sulcus.

1. A dentist licensed under this chapter or a physician licensed under chapter 458 or chapter 459 must give medical clearance before a dental hygienist removes calculus deposits, accretions, and stains from exposed surfaces of the teeth or from tooth surfaces within the gingival sulcus.

2. A dentist shall conduct a dental examination on a patient within 13 months after a dental hygienist removes the patient’s calculus deposits, accretions, and stains from exposed surfaces of the teeth or from tooth surfaces within the gingival sulcus. Additional oral hygiene services may not be performed under this paragraph without a clinical examination by a dentist who is licensed under this chapter.

This subsection does not authorize a dental hygienist to perform root planing or gingival curettage without supervision by a dentist.

(3) For all remediable tasks listed in subsection (2), the following disclaimer must be provided to the patient in writing before any procedure is performed:

(a) The services being offered are not a substitute for a comprehensive dental exam by a dentist.

(b) The diagnosis of caries, soft tissue disease, oral cancer, temporomandibular joint disease (TMJ), and dentofacial malocclusions will be completed only by a dentist in the context of delivering a comprehensive dental exam.

(4) This section does not prevent a program operated by one of the health access settings as defined in s. 466.003 or a nonprofit organization that is exempt from federal income taxation under s. 501(a) of the Internal Revenue Code and described in s. 501(c)(3) of the Internal Revenue Code from billing and obtaining reimbursement for the services described in this section which are provided by a dental hygienist or from making or maintaining any records pursuant to s. 456.057 necessary to obtain reimbursement.

(5) A dental hygienist who performs, without supervision, the remediable tasks listed in subsection (2) shall:

(a) Provide a dental referral in strict compliance with federal and state patient referral, anti-kickback, and patient brokering laws.

(b) Encourage the establishment of a dental home.

(c) Maintain professional malpractice insurance coverage that has minimum limits of $100,000 per occurrence and $300,000 in the aggregate through the employing health access setting or individual policy.

(6) Notwithstanding subsection (1) or subsection (2), a dentist may delegate the tasks of gingival curettage and root planing to a dental hygienist but not to a dental assistant.

(7) All other remediable tasks shall be performed under the direct, indirect, or general supervision of a dentist, as determined by rule of the board, and after such formal or on-the-job training by the dental hygienist or dental assistant as the board by rule may require. The board by rule may establish a certification process for expanded-duty dental assistants, establishing such training or experience criteria or examinations as it deems necessary and specifying which tasks may be delegable only to such assistants. If the board does establish such a certification process, the department shall implement the application process for such certification and administer any examinations required.

(8) Notwithstanding subsection (1) or subsection (2), a dentist may not delegate to anyone other than another licensed dentist:

(a) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician.

(b) Any diagnosis for treatment or treatment planning.

(9) Notwithstanding any other provision of law, a dentist is primarily responsible for all procedures delegated by her or him.

(10) A dental assistant may not perform an intraoral procedure except after such formal or on-the-job training as the board by rule shall prescribe.

History.—ss. 1, 3, ch. 79-330; ss. 13, 15, 25, 28, 30, 34, 62, ch. 80-406; ss. 2, 3, ch. 81-318; s. 2, ch. 85-156; ss. 15, 23, 24, ch. 86-291; s. 60, ch. 91-137; s. 7, ch. 91-156; s. 4, ch. 91-429; s. 259, ch. 97-103; s. 7, ch. 2011-95; s. 5, ch. 2012-14.

F.S. 466.024 on Google Scholar

F.S. 466.024 on Casetext

Amendments to 466.024

Arrestable Offenses / Crimes under Fla. Stat. 466.024

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 466.024.

Annotations, Discussions, Cases:

Cases Citing Statute 466.024

Total Results: 16

Board of Dentistry v. Payne

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-22T00:00:00-08:00

Citation: 687 So. 2d 866

Snippet: practice of dentistry and dental hygiene. Section 466.024, Florida Statutes provides: (1) A dentist may not…laser rule “contravenes provisions of Subsection 466.024(2), Florida Statutes, and, to that extent, constitutes…override the specific separation, provided by Section 466.024(2), Florida Statutes, of gingival curettage and

Delk v. DEPT. OF PRO. REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1992-01-23T23:53:00-08:00

Citation: 595 So. 2d 966

Snippet: with, nor found guilty of, a violation of section 466.024(1)(a), Florida Statutes, by the hearing officer

Glenn v. State ex rel. Department of Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-07T00:00:00-07:00

Citation: 495 So. 2d 844

Snippet: Glenn was performing irremediable tasks, see § 466.024, Fla.Stat. (1983), or was otherwise practicing

Sears, Roebuck & Company v. Fla. Unemp. Appeals Com'n

Court: Fla. Dist. Ct. App. | Date Filed: 1985-02-05T23:53:00-08:00

Citation: 463 So. 2d 465

Snippet: section 443.036(24), Florida Statutes (1983): *466 (24) MISCONDUCT. "Misconduct" includes,

Ago

Court: Fla. Att'y Gen. | Date Filed: 1981-07-08T00:53:00-07:00

Snippet: form of specific rulemaking authority, e.g., s. 466.024(1), F.S., or in the context of general rulemaking

Sheppard v. Florida State Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1979-03-20T00:00:00-08:00

Citation: 369 So. 2d 629

Snippet: formally accused by the Board of violating Section 466.24(3)(d) and (e), Florida Statutes (1978). Count I

Florida State Bd. of Dentistry v. Mick

Court: Fla. | Date Filed: 1978-07-27T00:53:00-07:00

Citation: 361 So. 2d 414

Snippet: 1156, 1159 (Fla. 1976). [7] See, among others, § 466.24, Fla. Stat. (1975). [8] The Board tests competency

Mick v. Florida State Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1977-06-24T00:00:00-07:00

Citation: 347 So. 2d 138

Snippet: profession of dentistry in our state. See specifically § 466.24, Florida Statutes (1975), enumerating the reasons

Rifkin v. Florida Real Estate Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1977-04-01T00:00:00-08:00

Citation: 345 So. 2d 349

Snippet: Reporters — Section 457.081(1) Dentists — Section 466.24(3) Florida Uniform Land Sales Practices — Section

Austin v. Gordon

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-09T00:53:00-07:00

Citation: 333 So. 2d 118

Snippet: violation of the provisions of Florida Statutes § 466.24(3)(e), and the Regulations of the Florida State…Austin had violated the provisions of Fla. Stat. § 466.24(3)(e), and the regulations of the State Board of

Richardson v. Florida State Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1976-02-04T23:53:00-08:00

Citation: 326 So. 2d 231

Snippet: dental license may be revoked or suspended under § 466.24(3)(a), F.S. 1973, if the holder "(3) Has been

Erwin v. STATE, DEPT. OF P. & OR, ETC., BD OF DENTISTRY

Court: Fla. Dist. Ct. App. | Date Filed: 1975-10-08T00:53:00-07:00

Citation: 320 So. 2d 2

Snippet: petitioner was charged with a violation of Fla. Stat. § 466.24(3) (e), which prohibits: "Employing or permitting… made decisions from 1963 to date. Fla. Stat. § 466.24 provides that the Board: "... shall suspend…violation of Chapter 466, and in particular Section 466.24(1) and (3) (a), Florida Statutes. (b) That said…466, Florida Statutes, and in particular Section 466.24(3) (e) (n)." [2] Fla. Stat. § 120.571(1)

Russ v. Pepper

Court: Fla. Dist. Ct. App. | Date Filed: 1966-10-11T00:00:00-07:00

Citation: 190 So. 2d 783

Snippet: found guilty of violating ■ sections .466.34 and 466.24(3) (d), (e), (h) and (n) of. the Florida Statutes

Florida State Board v. Graham

Court: Fla. Dist. Ct. App. | Date Filed: 1966-05-31T00:00:00-07:00

Citation: 187 So. 2d 104

Snippet: of six months for violating § 466.24, Fla.Stat.1959, F.S.A. and § 466.24(3) (a) and (c), Fla. Stat.1961…the essential requirements of the law. Sections 466.24 and 466.26, empower the Dental Board to suspend

Florida State Board of Dental Exam. v. Feinglass

Court: Fla. Dist. Ct. App. | Date Filed: 1964-08-11T00:53:00-07:00

Citation: 166 So. 2d 686

Snippet: suspension or revocation of a license certificate. See § 466.24, Fla. Stat., F.S.A. In addition, an advertisement

Hickey v. Wells

Court: Fla. | Date Filed: 1956-11-06T23:53:00-08:00

Citation: 91 So. 2d 206

Snippet: courts of equity or of law of this state." Sec. 466.24, F.S. 1955, F.S.A. The Pattishall case, supra, …hired, allowed, or permitted by the appellant. Sec. 466.24, F.S. 1955, F.S.A. The "practice of dentistry…statute) in the office of the appellant. Sections 466.24, 466.04, F.S. 1955, F.S.A. Considering the number